Relationship between Shatter and Garda Commissioner at heart of debate
Bringing Garda Commissioner under remit of ombudsman commission the most effective reform
Minister for Justice, Equality and Defence Alan Shatter: an overarching argument brought into sharp focus in the public spats between the GSOC and the whistleblowers on one side and Mr Shatter and Garda Commissioner Martin Callinan on the other. Photograph: David Sleator/The Irish Times
In the late 1990s, when a modest reform of the Garda Complaints Board was being mooted, then minister for justice John O’Donoghue took seriously a suggestion from a Garda representative body.
It recommended that those who made vexatious complaints should be prosecuted. But this was something that would have discouraged legitimate complaints.
With its chilling effect, it could have come straight out of Alice in Wonderland such as when the King said to the Mad Hatter: “Give your evidence and don’t be nervous or I’ll have you executed on the spot.”
Up until then, the idea of robust and independent oversight of the Garda Síochána was unthinkable. The Donegal Garda division scandal and the Morris Tribunal of Inquiry put paid to all that. The establishment of powerful new policing arrangements in the North was germane. The case for wholesale change became inarguable.
Recent controversies surrounding alleged covert surveillance of the Garda Síochána Ombudsman Commission offices, and allegations made by Garda whistleblowers, have renewed focus on the arrangements introduced by the Garda Síochána Act 2005 – and their shortcomings.
While two independent inquiries have been launched, there is also a third process under way. The Oireachtas justice committee is examining the effectiveness of the GSOC, which investigates alleged Garda criminality and misbehaviour, and incidents (including fatalities) which occur during Garda operations.
The GSOC has worked well in some ways, according to a former commissioner (and former editor of this newspaper) Conor Brady. He has instanced the decision to have three commissioners not one (preventing situations where the ombudsman is left isolated); the power to appoint designated investigating officers; giving GSOC officers powers comparable to gardaí during investigations; and the establishment of district policing boards.
But for Brady and others, including former deputy chairman of the North’s policing board Denis Bradley, there were flaws and omissions in the Act that deprive the GSOC of sufficient powers.
The main one identified by Brady is putting the Garda Commissioner beyond the remit of the GSOC. “It meant that we could investigate everything up to a certain level. But beyond that level, everything goes through the commissioner. It is not just him personally but every transaction that takes place in his office and every file that goes through the office. This is not the case in the North and in Britain.
“Asking GSOC to supervise the gardaí and not the commissioner is like the Central Bank being told it can regulate the AIB branches but not its headquarters in Ballsbridge or its chief executive,” he said.