Executive members, delegates
, distinguished guests, ladies and gentlemen,
Thank you for your invitation to join you at your AGM, for the opportunity to hear your current concerns at first hand and to address members of the AGSI. I am conscious that, since I last met your executive on the 18th of October last, Detective Garda Adrian Donohoe was the victim of a brutal, callous and cowardly murder by thugs who have no respect for human life. I know his loss was devastating and traumatic for his family and for members of the Force and I believe that it is right that I acknowledge his bravery and sacrifice and wish all of those engaged in the investigation into the dreadful events at the Lordship Credit Union success in bringing those responsible to justice.
It is the job of AGSI and, in particular, its executive to represent your interests and detail your concerns and I will later on respond to issues raised and deal very directly with the questions of pay and conditions and Croke Park, but I first want to address some other matters. I want to start by looking at the positive achievements of the Force over the past year or so of which you should all be proud. I do not believe that either the general public are aware of or that members of the Force sufficiently publicly acknowledge the very substantial successes achieved.
Achievements of An Garda Síochána
At a time when everyone rightly expects the public service to perform effectively and efficiently, the Garda Síochána are having significant success in tackling crime. The most recent CSO recorded crime statistics show that crime has been falling in 12 of the 14 categories for which figures are provided, including homicide, crimes against the person and public order and damage to property.
And while there has been an increase in burglaries, the Garda Commissioner has responded with Operation Fiacla which targets gangs involved in carrying out burglaries around the country. As at the end of February, Operation Fiacla had led to 4,226 persons arrested and 2,327 person charged. The latest quarterly figures for burglary suggest that the Operation is having an impact, and I am hopeful that the end of year figures for 2012, which will be available shortly from the CSO, will confirm a positive trend. Indeed, I understand from the Garda authorities that the related regional operation in the Dublin Metropolitan Area, Operation Acer, has led to a reduction in burglaries in the order of 10%.
The robust action which has been taken to confront those who engage in burglary is a really good illustration of the Garda commitment to respond to the concerns of communities throughout the country. Community policing is at the heart of the ethos which informs the approach to policing in Ireland. This point has been consistently emphasised by the Garda Commissioner. Indeed, the Annual Policing Plan for 2013 highlights the importance of the Garda Síochána working with communities to tackle behaviour that affects the public’s quality of life.
In this spirit, An Garda Síochána works closely and successfully with communities through Community Alert, Neighbourhood Watch and similar initiatives to provide expert crime prevention advice and support to communities. Community based programmes such as these are able to harness the qualities of neighbourliness and mutual support which have long been characteristic of community life in Ireland. In January, for example, I was very pleased to be in attendance when the Commissioner signed an updated Memorandum of Understanding with Muintir na Tire, who administer the Community Alert programme, and also published new guidance for Community Crime Prevention Programmes. A strengthened focus on community policing is emphasised in the Programme for Government and these recent developments are really encouraging.
There have been many other successes which deserve to be highlighted.
The Garda Síochána continue to target paramilitary groups in this jurisdiction and there have been a number of notable successes in recent weeks. As prosecutions are pending before the courts, I am constrained in what I can say. But it is clear that significant material has been seized, the activities of these groups have been disrupted, and ultimately lives have been saved.
We should be clear that the so-called 'dissident republicans' who wish to return this island to the death and destruction of the past are no more than criminal terrorists using violence in pursuit of their own, often personal, ends. They have no support in the wider community North and South and many of their activities, including drug smuggling, tobacco and fuel fraud and extortion, are plain, unvarnished criminality.
Whatever veneer of patriotism these gangs of criminal terrorists may wish to present, the fact is that organised crime is organised crime and they are up to their necks in it.
I know that there is seamless cooperation with your counterparts in Northern Ireland in actively targeting these groups. Indeed both the Commissioner and the Chief Constable of the PSNI have repeatedly emphasised that the close, high quality co-operation between the two forces has been instrumental in preventing attacks, combating criminality and, most importantly, saving lives.
The Garda Síochána is also continuing to target organised and gang crime. That is clear from the operations which have been undertaken against gangs and the many drug seizures that have taken place in recent weeks and months.
In the first quarter of this year alone, we have seen a number of significant seizures with heroin and cocaine with an estimated value of €5.5 million seized in Naas in January and cannabis worth an estimated €2 million seized at the end of February in the Dublin/Kildare area. Overall, it is estimated that drugs with an approximate street value of €100 million were seized during 2012.
In a further response to organised crime, just two weeks ago, a major multi-agency investigation targeting profits generated from the illegal fuel trade was undertaken with law enforcement agencies in Northern Ireland. This investigation resulted in the seizure of significant cash, laundered fuel and records relating to this fuel laundering operation, with more than 25 bank accounts frozen on foot of this action.
On another front, the Garda Síochána continue to make a major contribution, in co-operation with the Road Safety Authority and other partners, to the significant reduction in road traffic deaths and serious injuries. Last year road traffic deaths were at their lowest level since records began.
The Garda Síochána is also leading the way on reform. The new rosters provide a better match between policing demand and the deployment of Gardaí. The amalgamation of Garda Districts will make for much more administrative and operational efficiencies. The closure of Garda stations, which will still leave us with more stations than comparable jurisdictions, and the night-time closure of some public counters in other stations, will lead to a better policing service, with more Gardaí operationally deployed. I know that the station closures in particular have been controversial, but this is the type of reform which has been effected in other jurisdictions and is being implemented in the public interest. Even if you take a cynical view of politicians, in fact especially if you take a cynical view, the fact that the largest station closed this year is Stepaside in my constituency must surely support my contention that the public interest, and not any individual interest, must be paramount. For those who do not know, Stepaside Garda Station was just 3 miles from Dundrum Garda station which is open 24/7.
Pride in the Force
As Minister for Justice, I have enormous admiration for and pride in the job done by members of the Garda Force. An Garda Síochána is the body we depend on to maintain law and order and it has done so since the foundation of the State. It is members of the Force who daily place their lives and well being at risk to protect the wider community from those intent on criminality and prepared to perpetrate murder and mayhem. It is the Force from which the wider community seeks assistance when under threat and which, through its work, contributes to an environment which facilitates ordinary men and women going about their daily lives. An Garda Síochána are essential to our constitutional democracy and the important role played by each individual Garda at every level up to the rank of Commissioner should never be underestimated.
The Force has substantial public support and that support derives from the dedication and professionalism displayed by the overwhelming majority of its members as they go about their business and from the real assistance given and empathy frequently displayed by Gardaí for members of the public who are victims of crime or who otherwise require Garda help. Crucial to the public support for the Force and its role in this Republic is that the Force is a disciplined force and that members respect and work to the orders given by those in authority. The command structure in An Garda Síochána is of no less importance than it is in the Defence Forces. I appreciate that within a large group of dedicated men and women differences can arise about operational decisions, reallocation of resources, the location of Garda Stations and other matters. It is, however, crucial that decisions on such matters made by those in a position of authority be implemented and respected both in the public interest and in the interest of the Force.
Of course, in no walk of life does everyone get everything right or do everything right all of the time. Where issues arise of concern to members of the Force the representative bodies can play an important role by engaging in dialogue with those in authority within the Force or, where there are issues which fall within my area of responsibility, by meeting with me or, where appropriate, with officials in my Department. In this context, I want to thank your executive for a very constructive meeting we had last autumn during which a number of important issues were addressed. I look forward to further such meetings in the coming weeks and months.
Unfortunately, of course, there are always some individuals in large organisations who show no respect for authority or the rules they should abide by and it is important that, where issues arise, they are fully and comprehensively addressed. I will, as Minister, continue to defend the Force and its members from unfair criticism and false allegations made either inside or outside the Dáil but I will not disregard wrongdoing. I know you will all share my view that the Force must go about its duties without showing fear or favour and that no member of the Force should abuse or misuse the powers vested in him or her.
As you know, in recent months, there has been some public controversy about and allegations made concerning fixed ticket charges. I know this matter has been under investigation and I expect that the report I will shortly receive resulting from the investigation will address all of the issues raised. We must ensure the public has full confidence in the manner in which fixed ticket charges are applied and administered. We must also ensure that individuals who have done no wrong do not have their privacy violated by information appearing in the public domain which could unfairly damage their reputation. In this context, I believe that there are some important issues to be addressed concerning access to and the use of information contained on the Pulse System and I have asked the Commissioner that he address this issue. The System is a crucial tool available to assist members of the Garda Force but it should in no circumstances be used as some sort of social network to be accessed out of curiosity by members of the Force in circumstances in which such access has no real connection with their duties or work in which they are engaged.
Pay and Croke Park
I know that members of the Force are deeply concerned about the current pay proposals. As I have already acknowledged members of the Garda Síochána do a difficult and at times a dangerous job and I believe they deserve a fair level of pay. In fact, despite all that has happened in recent times, average income in the Garda Síochána still exceeds average income in the Defence Forces, the Civil Service, the Health Service and the Education Sector. But I fully understand that any reduction in pay has a real effect on each individual.
I know that these are difficult times. Difficult for both public servants and for those in the private sector. Many in the private sector have lost their jobs and as a result of the economic and fiscal disaster that impacted on our State the legacy of which we inherited as a Government, there are presently 430,000 unemployed and many thousands have left the country to obtain employment and make a new life elsewhere.
In order to restore the States economic sovereignty and to exit from the financial programme agreed in 2010 with the Troika the Government has had to make difficult decisions and implement tough measures. Since coming into office we have been dependent on funding from the EU, ECB and IMF to pay for frontline services and this funding only continues to flow in the context of the State clearly and effectively reducing public expenditure. In 2012, we received over €15 Billion from the Troika and this year, 2013, this reduces to €12 billion. As Minister for Justice in real terms in 2013, I have €162 million less available to me than was available in 2011. The lion’s share of my Departmental budget goes to An Garda Síochána being a sum of €1.4 billion in 2013. Under plans published by our predecessors in Government and agreed with the Troika in 2010, I would have had €90 million less a year available to me for An Garda Síochána for each of the years, 2012, 2013 and 2014 but fortunately we succeeded in having the figures recalibrated and these sums restored. So despite the crocodile tears being shed by some in opposition in Dail Eireann in relation to reductions in Garda resources and a sense of total amnesia regarding the fourteen years of the three previous governments, the truth is that I have no hesitation in saying to members that the figures don't lie and things would be a hell of a lot worse for the Force if I had not secured the additional funding and the Commissioner was forced to operate with an average of €90m per annum less than he currently has at his disposal.
When entering into arrangements with the Troika in 2010 the previous Government agreed on an extra unspecified reduction in public expenditure of €1 billion to be achieved by 2015 without detailing how such reduction would be achieved in addition to other reductions agreed. The need to address this whilst also effecting other expenditure reductions made it essential that the Government engage with the trade unions and the representative bodies for an extension of Croke Park. This was a matter about which the Government had no choice and, in the context of the chaos and difficulty experienced in Cyprus over the past 10 days, I hope that people will have a greater understanding of the importance of the State and the Government fulfilling its obligations in order to continue to receive essential financial supports.
I understand how difficult it is for trade unions and representative bodies to participate in a process that seeks a further reduction in the cost of public pay and pensions, but it is the responsible thing to do. The reality is that a reduction in the public service pay and pension bill must form part of the solution to our financial and economic difficulties, and the best way to achieve this is through negotiation and agreement, not confrontation.
Throughout my public life I have been firmly convinced of the importance of the role played by trade unions and representative bodies in both the public and private sector and the importance of addressing, in an organised, coherent and constructive way, issues relating to the pay and conditions of employees. Because of the special role the Garda Force plays in the State, members have not over the years been represented by a trade union but by the individual Garda representative bodies whose major role is to address issues relating to pay and conditions of members of the Force and to engage in dialogue and negotiation with Government on these matters. This is their primary role and over the years, whilst there have always been some tensions and disagreements, this is the role in which they have engaged. Unfortunately it is a role that both the GRA and AGSI abdicated in January last when deciding not to take part in the pay talks which took place under the aegis of the Labour Relations Commission. Whilst the trade unions and all other representatives were inside Lansdowne House members of the GRA Executive protested outside and criticised all of those engaged in the talks process. Just last week, members of both the GRA and AGSI conducted a protest outside Leinster House. I believe both bodies have lost their way, lost sight of the specific purposes for which they were formed and seem to be under the belief that by presenting themselves as some sort of protest movement they are acting in the interest of members of the Force. I believe the approach taken is a disservice to members of the Force. I have to say to you quite frankly that it would have been much better if your representatives had been at the negotiating table during the recent pay talks, making a case for the interests of their members.
And here let me deal with one objection to the talks which has been raised. This is the claim that the Garda associations were sidelined, and could have played no meaningful part in discussions. This is simply incorrect. Of course the Garda associations are not and never have been represented by the ICTU, but they had and could have continued to have direct parallel talks with management facilitated by the LRC. This is what happened with the Defence Force associations who constructively engaged in the talks process and fully and ably represented their members. This was the approach taken by both the AGSI and the GRA to past negotiations, with the added element this time that the talks were directly chaired by the LRC.
And let me also be clear that these talks had actually started prior to the Garda associations withdrawing. I know that some have described it as a listening exercise rather than talks, but that is because they chose not to talk. I really believe that your Association should have taken the opportunity given to all employee representatives to negotiate on the proposals and to argue their case. Other unions and associations took that opportunity, including the Prison Officers Association whose contribution to the talks resulted in proposals originally made being recalibrated to the benefit of their members. And even if the final outcome of the talks had not been to the liking of your Association, it could still have taken a decision on its view of the outcome upon the talks’ conclusion.
I know that your Association also now say that they are unhappy with the sectoral impact of the proposals. But, leaving aside the fact that your Association walked away from the talks opposed to any impact whatever, I have to say that I don’t accept that the proposals are unfair. In fact, great efforts were made to protect the core pay of lower to middle paid workers, but the point is that the place to make any such argument was at the negotiating table. It is a pity that your Association did not take that opportunity.
None of us would wish to be in this situation. But we are. I sincerely wish that this Government had not inherited such a disastrous economic legacy. But we have. And at a time when Government expenditure must be reduced, the public pay and pension bill, which makes up a third of that expenditure, cannot be ring fenced from measures necessary to resolve our financial and economic difficulties.
I know that this is not a popular message, but it is a reality. But within that reality, and within those constraints, I pledge to continue to support the Garda Síochána in every way I can.
Transport
Take Garda transport for example. I realise that this is often cited as an example of cutbacks, and I understand that, but in fact it is just as much an example of how every effort is being made to prioritise expenditure for operational policing.
A supply of 171 new vehicles are currently being rolled out which have been procured by means of an additional allocation of €3 million I made available to the Garda Síochána towards the end of last year. This additional funding, partly secured from elsewhere in the Justice sector, enabled the Commissioner to procure a total of 213 vehicles in 2012. This is approximately the same as the total number of vehicles purchased in 2009, 2010 and 2011 combined under budgets brought in by the previous Government. The recently acquired transport is being deployed on the basis of operational needs, including the revised policing arrangements for areas where a station has been closed.
In addition, a financial provision of €5 million has been included in the Garda budget for the purchase and fit-out of Garda transport in 2013, which will enable the Garda Síochána to obtain a significant number of new vehicles. This represents a very considerable financial investment in Garda transport, particularly at a time when the level of funding available across the public sector is severely limited. I wish that more could be provided, but it is a clear indication of my commitment to ensure that, to the greatest extent possible, the Garda Síochána will be provided with sufficient resources to enable them to provide an effective and efficient policing service.
Garda Recruitment
Garda number currently stand at just under 13,400. I believe, as does the Commissioner, that it is in the public interest that the numbers should not fall below 13,000. To achieve this, we must start a recruitment campaign this year and we must be in a financial position to fund recruitment. It is my intention to bring proposals to Cabinet to initiate the necessary steps for Garda recruitment in the coming months.
Management and Promotions
I also recognise the importance not just of overall strength but of sufficient strength at the management and supervisory levels. I am pleased to say that I have now received from my colleague Brendan Howlin, Minister for Public Expenditure and Reform, a derogation from the moratorium on public service promotions which will permit the appointment of 82 sergeants and 34 inspectors from the current panels. This follows detailed discussions over a period of time between our two Departments. I will also shortly conclude with him a more general agreement on the overall strength in these vital ranks for the future.
In this context, I want to acknowledge the crucial role which you fulfil, as sergeants and inspectors, in operational frontline supervision, and in the management of the delivery of the policing service. It is also the case that inspectors have a particular role to play in the oversight of policing and the maintenance, through management and personal example, of the levels of discipline necessary in a police force.
Garda Inspectorate
The importance of your ranks was recognised in the recently published report of the Garda Inspectorate on Frontline Supervision. I greatly value the Inspectorate’s independent expertise in policing, and I can certainly agree that it has a significant role to play in advising on further reform and efficiencies, including in the deployment of resources. We are in the middle of a period of significant change in the Public Service generally and specifically in An Garda Síochána, and any change effected must ensure that the resources available are used wisely to enable the Force to operate at maximum efficiency utilising the advances in modern technologies that are now available to police forces in the 21st Century. With this in mind I believe the suggestion made by AGSI that the Garda Síochána Inspectorate undertake a review of the impact on policing of the current rationalisation proposals may have some merit and it is something that I am prepared to consider.
Legislation
I will also continue to utilise all available resources in Government to provide the Gardaí with a wide range of legislation to better investigate crime and to better protect the public and some of our most vulnerable members of society.
Already we have seen enacted the National Vetting Bureau (Children and Vulnerable Adults) Act 2012 and the Criminal Justice (Withholding Information on Crimes Against Children and Vulnerable Adults Act) 2012 which together will further enhance the protections afforded to children and vulnerable adults.
The Europol Act 2012, enacted and commenced earlier this year provides that Europol can act without the requirement of an organised criminal structure being involved. Offences now covered include not just the main transnational crimes such as drug trafficking, terrorism and money laundering but also include murder and kidnapping.
When the Supreme Court, in February 2012, struck down as unconstitutional section 29 of the Offences against the State Act 1939, it was my absolute priority to ensure that a remedy was provided through the Criminal Justice (Search Warrants) Act 2012. This legislation ensured that essential Garda investigations were not hampered by an inability to act in urgent circumstances.
I am glad to note too that the Criminal Justice Act 2011 is already enabling Garda to access information and documentation that is essential to current and future investigations of white collar crime.
I also want to mention the Criminal Justice (Forensic Evidence and DNA Database System) Bill which I hoped would have been published before the end of last year. Completion of this Bill has been delayed because of some issues relating to European law being addressed in it but it is at an advanced stage of preparation and I hope the Attorney General’s office will complete its work on this Bill by June and that Second Stage debate will commence in advance of the summer vacation period. I am conscious that the Bill has been promised for some years. I regard its publication as a priority as I believe that a DNA Database, established for criminal investigation purposes, is an essential tool in the war against criminality.
Finally, as regards legislation on sexual offences, my Department has been conducting a wide-ranging examination of the law in this area. An evaluation of the Sex Offenders Act 2001, including public consultation on the management of convicted sex offenders, formed an integral part of this review.
Arising from that, a number of proposed amendments to the 2001 legislation specifically deal with issues raised by the AGSI. Under the proposed amendments, an offender will be obliged to register in person at the Garda divisional or district headquarters for the area in which he resides. I expect to bring these legislative proposals to Government in the coming months.
Economic recovery
I know that many members might recognise positive overall economic developments, but still face difficulties at a personal level because of reductions in family income or resulting from personal financial commitments entered into during the boom years. Many across the public and private sector are also, unfortunately, having a similar experience.
It is the Government’s central objective to effect real and sustainable economic growth and the programme of economic recovery is working. Last year marked the second consecutive year of economic growth despite the implementation of a very, very significant adjustment package. Positive, accelerating GDP growth is expected again this year. We are beginning to see some positive results, with the public finances certainly moving in the right direction and with growing numbers of new jobs in the private sector. The 2012 General Government deficit is expected to be under 8 per cent of GDP and well within the limit set as part of the EU/IMF Programme. We are on track to reduce the deficit to below 3 per cent of GDP by 2015.
Earlier in February, we concluded our ninth successful quarterly review mission with our EU/IMF partners. All of the quantitative fiscal targets set as part of the Programme have been adhered to. This has reassured financial markets that Ireland is serious about addressing its fiscal issues and is allowing us to look beyond the current official Programme of support.
Conclusion
In conclusion, I totally understand the reaction of members to proposals for a final reduction in the cost of public pay and pensions. But I would ask everyone to reflect on the realities I have outlined. We cannot go on spending many billions a year more that we take in and we cannot expect others to simply give us funds to indefinitely facilitate our doing so. That is why the Government is having to adopt a range of measures to restore our economic health. These involve measures to increase Government income – none of them popular – as well as measures to reduce expenditure. The size of the public pay and pensions bill is such a large part of expenditure that it must form part of the solution.
We have now completed a major part of the journey back to economic health. We are nearly there, and it is so important for the public service and the country that we complete the journey as we began it, in co-operation and agreement.
For my part, I will continue to do everything in my power, even in these most difficult times, to ensure that the Garda Síochána have every support possible in terms of finance, personnel and powers of investigation. And I will continue to speak out on behalf of the Force, and to recognise the vital work it does on behalf of the State and its citizens.
Thank you again for inviting me here this evening, and I wish you well with the remainder of your Conference.