New Bill spells out function of Garda

The role and function of the Garda Síochána is defined in legislation for the first time in the new Garda Bill, published yesterday.

It also provides for an independent complaints procedure, to be called an Ombudsman Commission, with full police powers to investigate alleged wrongdoing by members of the force.

The Bill spells out that the function of the force is to provide policing and security, including preserving peace and public order, protecting life, property and the security of the State, preventing crime, bringing criminals to justice and controlling road

The legislation specifically states, also for the first time, that in the performance of their duties members of the Garda Síochána shall have regard to upholding human rights.

It draws all prosecutions under the umbrella of the Director of Public Prosecutions and allows the DPP to regulate how prosecutions are carried out, take over any prosecution initiated by a member of the Garda Síochána and either proceed with it or bring it to an end.

The Bill also defines the respective roles of the Minister for Justice and the Garda Commissioner, and allows the Minister to issue directives to the Commissioner in relation to any policing matter.

It allows for the formation of a volunteer Garda force, though this will not happen unless a decision is made by the Government and measures are put in place for their recruitment and training.

There is also provision for the Garda Síochána to provide policing services and be paid for them. This would arise in relation to events like rock concerts and sporting events.

Various accountability measures are included in the Bill, as promised, including the setting up of local policing committees as forums for the discussion of policing matters. The Garda Síochána will not, however, be formally accountable to such committees.

The Bill makes it an offence for a member of the force, or of its civilian staff, to disclose information if doing so has a "harmful effect". This is defined as facilitating the commission of an offence; prejudicing the safe keeping of a person in custody; impeding the prevention or investigation of an offence or the apprehension of an offender; allowing the identification of a witness in criminal proceedings or an informer, or information relating to such a person in a way that would discourage them from giving evidence; or infringing a person's right to privacy.

It will not be an offence to disclose confidential information to a range of official bodies, tribunals or courts, or to members of the Oireachtas. Disclosure of information will carry a fine of €3,000 or 12 months' jail on summary conviction, or up to €50,000 or five years' imprisonment on indictment. These penalties are raised to a possible maximum of €75,000 or seven years if bribery is involved.

The Ombudsman Commission will consist of three people, at least one of which must be a woman and one a man, and excluding public representatives and members or former members of the Garda Síochána. They will hold office for three years and can be reappointed.

Complaints can be made to the commission by a member of the public, or by a person acting on his or her behalf. If a complaint is made directly to the Garda Síochána, the commission must be notified.

It will then decide whether to investigate the complaint itself or, for a less serious complaint, to ask the Garda Commissioner to carry out an investigation and report back to the commission on what, if any, disciplinary action is being taken.

It can also initiate investigations where death or serious injury occurs, or where it considers it necessary. The commission's investigators will have police powers, including the search of Garda stations. Notice must be given to the Garda Commissioner, but this can be moments before the search and he will only be able to object on the grounds of State security. It will be an offence to give false information to the Ombudsman Commission in relation to either a complaint or an investigation.