The means of inspecting policing practice and serious allegations against garda∅ has remained, since the foundation of the State, largely an internal affair. Garda∅ investigate garda∅ and report to the Garda Commissioner, who then refers the report either to the Minister for Justice or the Director of Public Prosecutions.
In serious cases where there is public concern there may be no outcome of such investigations for years. There has been growing concern in recent years about the apparent failures of the force to police itself.
The widespread allegations of corruption among garda∅ in Donegal led to internal inquiries under two assistant commissioners and is now moving to charges. However, with prolonged court hearings and appeals it might be several years before the public might finally learn what actually took place.
The families of the two women murder at Grangegorman Psychiatric Hospital in March 1997 and of Dean Lyons, the innocent man charged with their murder, have never had any explanation of how the wrong man was arrested and the man who admitted the killings has never been charged. Again, there was an internal Garda investigation, the results of which remain secret.
Several garda∅ have been before the courts in recent years and some have been given jail sentences. However, in one instance where a Co Louth sergeant was convicted of attempting to pervert the course of justice and given a suspended jail sentence, he was simply demoted and remains a serving garda.
The introduction of a Police Ombudsman in Northern Ireland as part of the policing-reform package arising from the Belfast Agreement has placed pressure on Government here to have a reciprocal independent investigative body.
The Minister for Justice, John O'Donoghue, decided some time ago that the Garda Complaints Board, set up in the mid-1980s and controlled by his Department, was inadequate for the purpose of allaying public concerns about Garda internal investigations and handling complaints.
The board itself stated in its latest report - for 1999 - that it was not adequate to the task of investigating complaints. At the end of 1999, 809 of the 1,264 cases brought to its attention remained unresolved.
Rulings by the European Court of Human Rights also revealed that this State did not have adequate legal provision for independently investigating complaints against garda∅. The UN Human Rights Committee and European Committee for the Prevention of Torture and Inhumane or Degrading Treatment agreed that the system was "not fully independent" and the presence of serving police officers on the Garda Complaints Boards and tribunals of inquiry was damaging to public confidence.
Politicians and even garda∅ themselves have called for change. Yesterday the Garda Commissioner, Pat Byrne, welcomed the announcement of the new independent Inspectorate, saying: "I think that the way forward is with an independent inspectorate." George Maybury, general secretary of the Association of Garda Sergeants and Inspectors, said garda∅ had nothing to fear from the new proposals.
Although it is likely to be at least a year before the inspectorate is set up, a document outlining the proposals indicates that it is the Minister's decision to dissolve the complaints board and introduce fresh legislation for the new inspectorate.
The inspectorate will be able to initiate its own investigations as well as doing so at the behest of the Minister or Commissioner. It will be able to examine "any aspect of Garda operations" and "review operations of the Garda S∅ochβna at every level and in any part of the country". It will publish an annual report of its work only excluding detail "for security or other relevant reasons".
The inspectorate will be headed by a senior figure, not connected to the Garda or Department of Justice and staff will not be garda∅.
However, the Minister's proposals point out that it may be difficult to find staff with suitable investigative skills who are not former police officers. It is thought this may lead to former garda∅ and maybe even former RUC officers being found suitable for the work involved.
The inspectorate will investigation all complaints, from the most trivial up to the most serious. It is hoped that minor complaints will be dealt with informally through mediation and internal disciplinary measures. The legislation will make it an offence, punishable by imprisonment or a fine, to make a false or vexatious (i.e. groundless) complaint against garda∅.
The Minister says the legislation will be brought forward as quickly as possible but acknowledges that the workload of the legal section has grown substantially with the post-September 11th anti-terrorist and extradition legislation.
Jim Cusack is Security Editor of The Irish Times