Minister proposes two Garda regulatory bodies

An Garda Síochána will have two regulatory bodies under the terms of proposed legislation aimed at reforming the force the Minster…

An Garda Síochána will have two regulatory bodies under the terms of proposed legislation aimed at reforming the force the Minster Justice, Mr McDowell said today.

Outlining details of the new Garda Síochána Bill 2004, the Minister said an Ombudsman Commission would replace the existing Garda Síochána Complaints Board, which Mr McDowell described as inadequate to deal with complaints made against the force.

The Ombudsman Commission will investigate complaints from the public against members of the force and will be empowered to begin inquiries in cases involving gardaí where someone suffered serious injury or death.

Addressing the Local Authority Members Association in Dundalk today, the Minister said it is "generally accepted that there is a need for a new mechanism to ensure openness, transparency and public confidence in the investigation of complaints against members of the Garda Síochána."

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Earlier this week it was confirmed that 850 civil actions are pending against the force alleging assault, unlawful arrest or defamation and harassment. Provisional data showed that more than €1.8 million had been paid out  in settlements, awards and costs over the past two years.

Mr McDowell said he would also introduce an amendment to the Bill to provide for the establishment of an independent Garda Síochána Inspectorate.

According to the Minister this was being introduced following the recently published interim report from the Morris Tribunal.

In it, Mr Justice Morris called into question the management of the force, saying that after sitting through a year of evidence the tribunal  had come "to the conclusion that An Garda Síochána is losing its character as a disciplined force".

The report said this "gradual erosion of discipline within An Garda Síochána is a developing situation that will, sooner or later, lead to disaster".

Mr McDowell said the three-person inspectorate will be tasked with ensuring efficiency and effectiveness in the force. It will deal with policy issues such as standards and performance and benchmark these against comparable international police forces.

Local TDs and councillors are also to be given an advisory role in Garda operations, under the new Bill, with the setting up of joint policing committees to encourage gardai and local representatives to co-operate on policing priorities in their area.

Under the new Garda Bill, statutory provision will be made for appointing volunteer members to the force to form a Garda reserve. The Minister said while "no decision has been taken by the Government to establish a  reserve . . . it is valuable to lay the statutory foundation for such a reserve so that it can be utilised if future circumstances warrant it".

The other objectives of the new legislation were to clarify the role and objectives of the Garda and redefine its relationship with the minister of the day, said Mr McDowell.

This would allow the Minister and Government of the day to be entitled to set policing priorities and a requirement for the Garda Commissioner to act as the accounting officer for the force, reporting annual to the Committee of Public Accounts.