The Minister for Justice, Equality and Law Reform perceives the new Garda Bill, published yesterday, as the defining piece of legislation for his term in office.
It is the first major reform of the Garda Síochána in the history of the State. The Bill comes at a time when confidence in the force is at an all-time low. The Irish Times/TNS mrbi opinion poll revealed last week that only 58 per cent of the population as a whole have confidence in the fairness and impartiality of the Garda Síochána. This fell to a minority, 40 and 48 per cent respectively, among young people and people of all ages in Dublin.
The diminishing respect for the institutions of State, including the Garda Síochána, is a serious problem in Irish public life. The tribunals have succeeded in exposing some of the difficulties but it remains to be seen whether a way can be found to restore public confidence. That is the challenge of the Garda Bill introduced by Mr Michael McDowell.
The Bill seeks to tackle problems on a number of fronts. It defines the role and function of the Garda Síochána for the first time, stressing the importance of respect for the human rights of those the force serves. It spells out the responsibilities of the Commissioner, making him (or her) accountable directly to the Minister but also to the Oireachtas through the Public Accounts Committee. It also allows for a limited public input into policing policy through local policing committees involving the local authorities. It is disappointing that these proposals fall short of the establishment of a Police Authority, similar to that set up in Northern Ireland.
Most public attention has focused on the new provisions for dealing with complaints against members of the force. This will now be done by an Ombudsman Commission, which will have its own investigating staff and full police powers, though in same cases it can and will ask the Garda Commissioner to carry out an investigation.
These new powers are necessary and welcome to restore confidence in the Garda Síochána. The public will now await the appointment of three members to the Commission who can command public respect for their independence. They must also have sufficient resources to carry out their mandate. They will have the power to examine practices and procedures giving rise to the possibility of complaints.
The Minister has been anxious to curb what he considers to be unauthorised communications by gardaí with the media. Disclosures should never compromise investigations nor the safety of people under the protection of the Garda Síochána. Nor should they infringe on the citizen's right to privacy, including those suspected of offences. There will be circumstances, however, where disclosures are warranted in the public interest, such as the abuse of power, conflict of interest and corruption. There must be protection for members of the force, the majority of whom perform their duties impartially and in the public interest, to blow the whistle.