Garda appointments and reform
Mick Wallace criticises the appointment of an Garda insider, secrecy around senior policing roles, delayed legislation and missing Guerin-report terms of reference. The Taoiseach says the Commissioner was selected through an independent international process, outlines pending measures and presents reporting to the new policing authority as a major reform.
For more than two years we were confronted with seemingly endless scandals of Garda malpractice. For a year and a half we heard total Government denials. Then a few heads rolled and we were given promises of reform and loads of reports. The Garda Síochána Inspectorate report insisted that a complete radical cultural change was required but the Government has decided to appoint an insider. This insider sat on the shoulder of Martin Callinan when he appeared before the Committee of Public Accounts to answer questions and at which he described the whistleblowers as "disgusting". She was doing the whispering in his ear, as his right-hand woman.
Six months ago, a whistleblower from Athlone, Nicky Keogh, was mentioned in this House. He presented indisputable evidence of Garda involvement in serious criminal activity related to drugs. Six months on, there has been no information forthcoming. Meanwhile, the garda who made the complaint has been subjected to constant weekly harassment by senior management in Mullingar, manufacturing complaints against him, monitoring everything he does and making constant demands for his source of intelligence. This has all been on her watch. The blue wall of silence has not gone away.
The Taoiseach has done a very good job of taking the heat out of the Garda issue by getting rid of the Garda Commissioner, getting rid of Shatter and getting rid of the Secretary General.
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The former Minister, Deputy Shatter.
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Legislation has been delayed and reform has been promised but not delivered. It is the same policing policy but a different PR policy which has worked well for the Government. The appointment of the Garda Commissioner and in particular the appointment of the chair of the independent policing authority has been shrouded in secrecy rather than transparency.
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The Government has bypassed proper protocol.
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How many people applied for those two jobs? How many people were interviewed for those jobs? Did anyone from outside the State apply for the Garda Commissioner job?
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I note Deputy Wallace's comments of today and yesterday. I congratulate Commissioner O'Sullivan on her appointment by the Government as Garda Commissioner. She was recommended as the sole candidate for appointment, following a rigorous and independent scrutiny, analysis and interview process. This selection was part of an international competition for persons who considered themselves sufficiently competent to carry out these responsibilities and to fill this role. The selection committee comprised a number of very competent people, including the former chief of police in Boston and Seattle, Kathleen O'Toole, together with the appointed chairperson of the independent police authority and the Secretary General of the Department of the Taoiseach.
This is a reform process. Deputy Wallace's remarks are an insult to the Garda Commissioner. I note the comments of Sergeant Maurice McCabe who has been working with Commissioner O'Sullivan during her interim period as acting commissioner in dealing with penalty points. He welcomed her appointment as Garda Commissioner.
The Garda Síochána (Amendment) (No. 3) Bill is currently before the Dáil. The Bill proposes to strengthen the role and remit of the Garda Síochána Ombudsman Commission. The independent review mechanism, consisting of a panel of counsel, is examining more than 300 complaints alleging Garda misconduct or problems with investigating misconduct. The Fennelly commission of investigation is continuing its work. The report of Mr. Justice Cooke's inquiry into reports of unlawful surveillance of GSOC has been published. The review of the Garda Síochána under the Haddington Road agreement, which is expected to be concluded shortly, encompasses all aspects of the administration and the operation of An Garda Síochána. The report of the independent review of the Department of Justice and Equality was published in July and the Minister for Justice and Equality is working closely with that senior management team to implement those recommendations. The Protected Disclosures Act 2014 has amended Garda legislation to allow Garda members to make protected disclosures to GSOC in confidence in respect of alleged Garda misconduct. The recently enacted Freedom of Information Act 2014 extends to An Garda Síochána.
I remind the Deputy, because of his concern, that when he was invited to Farmleigh House to discuss all of these matters he decided not to attend.
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The Minister knows I could not go that day.
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I was also promised we would be given an input into how the police authority would be structured.
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The Taoiseach speaks about insults, but with regard to the independent review mechanism, it is an insult to all of the people who have filed complaints and have come to us with complaints, some of which are not filed, that someone from the existing hierarchy would be appointed.
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No, it is not if it occurs through an independent process.
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What has been going on since Shatter left? I knew I would miss Shatter-----
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-----but I did not think I would miss him this much. How much legislation have we seen since Shatter went?
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Sorry, Deputy Shatter. We were told we would have the terms of reference for the commission of investigation, as recommended by the Guerin report, within six weeks of the report, but that was seven months ago. We were told that by the end of the summer we would have the results of the independent review mechanism on what sort of process would take place. How many months ago was that?
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It is crazy. Professor Dermot Walsh, probably the leading individual on policing in Ireland, has said all along that if we want to reform policing in Ireland we must go outside the State and clean the slate. The existing hierarchy are all from the one crew. The Government will not get reform-----
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-----from the existing hierarchy. Why does the Government not want change? Why has the Government not published the terms of reference for the commission of investigation as recommended by the Guerin report?
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With regard to the file of complaints, some of them came to me. Some of them have dragged on for up to 20 years in various forms. Some have been before various assessment or court procedures. In many cases people look for particular elements of justice, as they see it, arising from these complaints. They are being examined by a panel of legal experts. The legislation in respect of GSOC is before the House. The terms of reference arising from the Guerin report will be dealt with next week.
The interview panel was completely independent. I saw the Deputy's statement that he had applied for the position as the chair of the independent policing authority, which it is in order for him to do.
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It seems to me as if the Deputy has very different view of how the system should work, as he says, from the bottom up. I expect Commissioner O'Sullivan will follow through on the Garda Inspectorate's report in terms of the agenda of reform that must be set out. The Government has responded to the requirements of gardaí in terms of new vehicles and facilities for them to do their job. The Garda force has had a lot of work in the most recent past in protecting innocent citizens from those who might have other things on their mind.
It is not true for the Deputy to say this was some sort of inside job. The appointment of the Garda Commissioner was conducted through a rigorous and completely independent process of interview and scrutiny, and the name that came through to the Government for appointment as Garda Commissioner under the Act was that of Commissioner O'Sullivan, and I wish her the very best of luck-----
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-----in dealing with the many difficulties with which the Garda force has to contend and in being able to implement and follow through on the Garda Inspectorate's report in terms of reform-----
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I hope you do not send anyone to her house.
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-----of the Garda Síochána. Having the Garda Commissioner report to the police authority is a radical shift. The role and responsibility of the Garda Commissioner is changed-----
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She still remains answerable to the Government and not to the people.
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-----somewhat in reporting to the police authority and the Minister for Justice and Equality-----
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When you are Minister for Justice you can-----