McDowell proposes greater powers and scrutiny for Garda

A series of laws strengthening the powers of the gardaí while putting them under increased scrutiny are being prepared by the…

A series of laws strengthening the powers of the gardaí while putting them under increased scrutiny are being prepared by the Minister for Justice, Equality and Law Reform, Mr Michael McDowell.

By the end of next year, he hopes to implement legislation that will see gardaí given the power to force, if necessary, detainees to give saliva samples for DNA testing and to detain suspects for longer periods. But he also intends to give the proposed new Garda inspectorate the same powers as an ombudsman.

Speaking at the Garda Graduation Ceremony in Templemore, Co Tipperary, Mr McDowell said the inspectorate would be "fully independent" three-person body with staff given extensive powers to investigate complaints against gardaí.

He said: "In this regard, it will have the powers of an Ombudsman. I also foresee it exercising an independent oversight of police operating standards."

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Mr McDowell said members could no longer expect the respect of the public "automatically" and that "the trust of the community must now be earned to a much greater extent than before".

In a comment plainly addressed to all members of the force, he reminded the graduates that loyalty to colleagues should not take precedence over their duty to the public. "Your first duty of loyalty will be to the force of which you are a member and the community you serve," he said.

And while reminding gardaí to treat the public "fairly and impartially" and to respect their "dignity" and "rights"; he also announced his intention to give the force increased powers of detention and to set up a national DNA database.

As part of sweeping changes to criminal justice the Minister intends to introduce a Bill which will allow gardaí take saliva and mouth swabs without the consent of the detainee. And he intends to bring a proposal before cabinet soon which will clear the way for the setting up of a national DNA database.

"DNA profiling techniques are a vitally important weapon in detecting and solving crime and ones which we would be very unwise to deprive ourselves of ... I will include in such proposals arrangements for putting in place certain safeguards to ensure samples are properly preserved and protected and in relation to their future use."

He also said changes to the issue of search warrants, increased detention powers would contribute to the Garda's ability to carry out their duties.

He also gave authorisation "for the introduction of certain less lethal weapons by the Garda Emergency Response Unit, for use where this is necessary - and only where it is necessary - to avoid the use of firearms".

He also told graduates that a "substantial programme of change and reform within the Garda Síochána" was underway. A significant feature of the reforms is that the Garda Commissioner will be directly accountable to the Dáil in relation to the use of resources.

He said the Government's "most ambitious initiative" legislatively was its pursuit of "a single crimes act, dealing with homicide, violence, property offences, dishonesty, corruption, public order, arrest, criminal procedure and court jurisdiction, uniform sentencing procedure and policies, and defences such as insanity and incapacity".

He said a considerable amount research would need to be done before he could begin drafting the necessary legislation.