The Garda Bill meets a lot of the criticisms levelled at last year's draft, writes Carol Coulter
The slide in public confidence in the Garda Síochána, which was recently confirmed by an Irish Times poll, could be halted by a raft of new measures contained in the Garda Bill, just published.
The proposed new Ombudsman Commission, provided for in the Bill, marks a sea-change in the way in which complaints against the Garda Síochána will be handled.
Under the old Garda Complaints Board, complaints were investigated by gardaí.
This frequently led to a situation that, where a Garda version and another version of an event was put forward, the Garda version was almost invariably preferred. This emerged in a review of complaints made by members of the extended McBrearty family carried out by counsel for the Morris Tribunal.
The Ombudsman Commission will have its own investigators, with considerable powers.
The Bill does not specify where these investigators will come from, but the Minister has said they could be drawn from bodies with experience of investigations, like the Customs and Excise service, the Revenue Commissioners, other police forces or, indeed the Garda Síochána.
But it is not envisaged, he said, that this be "an old boys' club" for former members of the force.
It will be up to the members of the commission to decide where they will recruit their investigators. The first investigations carried out by this body will be crucial in establishing its credibility, and in convincing many members of the public, especially those dealing with less privileged members of the population, that there is any point in making complaints, and that wrong-doing by members of the Garda Síochána will be punished.
There will be criticism of the fact that, especially where the complaints are of a minor nature, the investigations can still be carried out by members of the Garda Síochána.
However, this will be under the general supervision of the commission and, if this supervision is thorough, it should ensure that such investigations are properly carried out.
The Bill also lays down in legislation, for the first time, what the Garda Síochána is actually meant to do.
This is of fundamental importance, as it provides a yardstick against which its performance can be measured. It also stresses the need for members of the force to "have regard to the importance of upholding human rights".
Having such regard might have averted the worst excesses of the policing of the "Reclaim the Streets" demonstration in 2001.
The Bill brings all prosecutions under the general responsibility of the Director of Public Prosecutions, and empowers him to take over any prosecution and either prosecute it or discontinue it. This will bring to an end a widely suspected practice on the part of some sections of the force of prosecuting people about to bring complaints of mistreatment against them for offences like assault on a garda.
There is likely to be some criticism of the accountability provisions in the Bill. While the Commissioner's responsibilities in this regard are spelled out, general control of the force remains firmly in the hands of the Minister.
Ample room exists for political interference both in internal promotions and in policing practice. Local policing committees will only be discussion forums and it appears that the input will primarily be from local public representatives, thereby ruling out community representatives.
The restrictions on members of the force revealing information are far more specific and detailed than in the original Heads of Bill, and specifically refer to where this would "have harmful effect".
This is defined, and, in general, seeks to preserve the integrity of the investigative and legal process, and to protect the privacy of the individual.
However, it is open to interpretations which could unduly restrict the freedom of the press.
These measures, along with allowing State bodies provide their own security and the establishment, at some time in the future, of a Garda Reserve, should allow the Garda Síochána become a more focused, professional and accountable force.