New Authority will:
· provide additional layer of public oversight to policing
· provide a new engine to drive reforms of policing system
· hold Garda management to account including via public meetings
· develop a key role in the future appointment of senior Garda
management
Friday 7th November
Frances Fitzgerald T.D., Minister for Justice and Equality, today published
the General Scheme of the Garda Síochána (Amendment) Bill 2014 which
provides for the establishment of the new independent Policing Authority.
The Heads of Bill were this week approved by Government. The Bill has 80
sections and is a major milestone in the establishment of an independent
Policing Authority.
Minister Fitzgerald said: “This is the most far reaching reform of An Garda
Síochána since the foundation of the State and is a major element of the
comprehensive programme of justice reform which is being delivered by the
Government.”
“In this context, the new independent Policing Authority will bring a
further layer of public accountability to the administration of policing
services, while it will also provide a new engine to drive reforms of the
policing system and practices to ensure that An Garda Síochána is fit to
meet the ongoing and emerging challenges of 21st century policing.”
“In particular, the new Authority will be tasked with holding the Garda
Commissioner to account in relation to all policing services while
developing a key role in the future appointment of senior Garda
management.”
As national security is a vital function of Government, it is proposed that
under the new oversight arrangements the Garda Commissioner will report to
the Policing Authority in respect of policing matters and to the Minister
for Justice in relation to security matters.
Other key elements of the Bill include:
· The Authority will comprise a chairperson and other 8 ordinary
members. These ordinary members will be appointed by the Government
following the holding of a selection competition run by the Public
Appointments Service (PAS). A resolution of both Houses of the
Oireachtas agreeing to the appointments is required;
· The Authority will approve a three year Strategy Statement and Annual
Policing Plan submitted by the Commissioner;
· The Authority will establish and publish, within 12 months, a code of
ethics that includes standards of conduct and practice for members of
the Garda Síochána;
· The Authority will hold at least quarterly meetings in public.
The draft Heads also enable the Authority to:
· Request GSOC to investigate any policing matter that gives rise to a
concern that a member of the Garda Síochána may have committed an
offence, or behaved in a manner that would justify disciplinary
proceedings;
· Request GSOC, subject to the consent of the Minister, investigate any
behaviour of the Garda Commissioner in the context of his or her
functions relating to policing matters;
· Request GSOC to examine practices or procedures of the Garda Síochána
in relation to policing matters;
· Request An Garda Síochána Inspectorate to initiate an inspection or
inquiry in relation to aspects of the operation and administration of
the Garda Síochána pertaining to policing matters.
The Authority will be accountable to the Public Accounts Committee and to
other Committees of the Oireachtas.
The draft legislation has been developed taking into account the outcome of
the public consultation process undertaken in May 2014, the stakeholder
consultation seminar hosted by the Minister in Farmleigh in June 2014, and
the recommendations of the recent report of the Joint Committee on Justice,
Defence and Equality.
Minister Fitzgerald added: “I intend to bring proposals to Government
shortly in relation to the nomination of a chairperson-designate for the
Authority. This will enable the nominated person to be involved in the
appointment of the next Garda Commissioner and the preparations to be made
for the establishment of the Policing Authority.”
The Heads of Bill will now go to the Joint Committee on Justice, Defence
and Equality for scrutiny in parallel with drafting of the full Bill by the
Office of the Attorney General. Minister Fitzgerald hopes to bring the Bill
before the Oireachtas as soon as practicable.
The General Scheme is being published today on the website of the
Department of Justice and Equality and is available at
http://www.justice.ie/en/JELR/Pages/PB14000310
Ends…/
Notes for Editors
In March 2014, the Government announced that, among other reforms, an
independent Garda Authority would be established which is appropriate to
Ireland’s needs and which will maintain appropriate democratic
accountability to the Oireachtas. In addition, in the recently published
Statement of Government Priorities 2014-2016, the Government has indicated
its intention that the Authority should be in operation as soon as
possible.
The Government’s comprehensive programme of justice reform is being
overseen by the Cabinet Committee on Justice Reform, which is chaired by
the Taoiseach and also comprises the Tánaiste, the Minister for Justice and
Equality and the Minister for Communications, Energy and Natural Resources.
Main provisions of the General Scheme
Part 1 contains the short title and commencement provisions as well as
definitions and repeal provisions. Head 3 defines “security matters” as
those aspects of the role of the Garda Síochána that are concerned with
protecting the security of the State, from terrorism; espionage; sabotage;
politically motivated violence; acts intended to undermine parliamentary
democracy; and acts of foreign interference whether directed from, or
committed within, the State or not.
Part 2 comprises Head 5 and inserts 19 new sections into the Act of 2005 to
provide for the establishment of the Authority, its membership, functions
and accountability to the Minister and the Oireachtas. It also sets out
policing principles and a requirement on the Authority to establish a code
of ethics for the Garda Síochána. The key elements are as follows:
· section 5C provides that the Authority will comprise 9 members to be
appointed by the Government. The chairperson will be appointed directly
by the Government and the other 8 ordinary members will be appointed by
the Government following the holding of a selection competition run by
the Public Appointments Service (PAS). A resolution of both Houses of
the Oireachtas agreeing to the appointments is required;
· section 5F provides for removal by the Government of a member from the
Authority following detailed and stringent procedures, including a
resolution from both Houses of the Oireachtas;
· section 5G sets out the functions of the Authority; in essence, the
Authority will—
o provide oversight in relation to the exercise the Garda Síochána
of any function conferred on An Garda Síochána relating to
policing matters,
o be responsible for nominating persons for appointment by the
Government to senior positions in the Garda Síochána (including
the Garda Commissioner),
o hold the Garda Commissioner to account for policing matters,
o approve a strategy statement submitted by the Commissioner (prior
agreement of the Minister will be required),
o approve an annual policing plan relating to policing matters
submitted by the Commissioner (prior agreement of the Minister
will be required),
o establish and publish, within 12 months, a code of ethics that—
§ includes standards of conduct and practice for members of
the Garda Síochána,
§ is fully consistent with the policing principles, and
§ encourages and facilitates the reporting of corruption or
malpractice in the Garda Síochána by members and civilian
staff of the Garda Síochána,
o assume overall responsibility for the maintenance of joint
policing committees in conjunction with local authorities and the
Garda Commissioner,
o provide information and advice to the Minister with regard to
policing matters, and
o promote and support the continuous improvement of policing in the
State;
· section 5H sets out the principles that will govern policing in the
State as follows—
o policing should be conducted independently, impartially, in
accordance with the law and in a manner that respects human rights
and supports the proper and effective administration of justice,
o effective and efficient policing is dependent on the confidence,
support, engagement and cooperation of local communities and
requires every member of the Garda Síochána or member of the
civilian staff of the Garda Síochána, in carrying out his or her
functions to—
§ act professionally, ethically, and with integrity,
§ carry out his or her functions with the aim of securing the
support of, and acting in co-operation with, the local
community, and be guided by the code of ethics;
· section 5I requires the Authority to hold at least quarterly meetings in
public (agendas, papers and reports will be published) with provision
for private meetings where appropriate; and
· the Authority will be accountable to the Public Accounts Committee
(section 5Q) and to other Committees of the Oireachtas (section 5R).
Part 3 comprises Heads 6 and 7. Head 6 replaces sections 9 to 19 of the Act
of 2005. The main provisions are as follows:
· section 9 sets out provisions governing the appointment of the Garda
Commissioner, Deputy Garda Commissioner, Assistant Commissioners,
chief superintendents and superintendents. In essence, the Government
will make the appointments to the rank of Commissioner and Deputy
Commissioner on the nomination by the Authority following the holding
of a competition by the PAS for that purpose. The Authority will make
the appointments to the other ranks subject to and in accordance with
the relevant regulations;
· section 11 contains provisions setting out the process for removal of
the Garda Commissioner, Deputy Garda Commissioner, Assistant Garda
Commissioner, chief superintendent or superintendent. Three
situations are catered for—
o removal of the Commissioner or a Deputy Commissioner in respect
of policing matters by the Government on the recommendation of
the Authority,
o removal of an Assistant Commissioner, chief superintendent or
superintendent in connection with policing matters by the
Authority, and
o removal of the Commissioner, a Deputy Commissioner, Assistant
Commissioner, chief superintendent or superintendent in
relation to security matters by the Government;
· sections 12 and 13 set out the fair procedures to be followed before
these senior officers can be removed;
· section 14 continues the present arrangements for the appointment by
the Garda Commissioner of members to the ranks up to inspector. The
Commissioner will retain powers of dismissal of members not above the
rank of inspector; the only change being that the Authority (rather
than the Government) must consent to the member’s dismissal;
· section 15 continues the current arrangements for recruitment of
reserve members with a requirement for consultation with the
Authority rather than the Minister where appropriate;
· section 19 continues the current arrangements for the appointment of
civilian staff of the Garda Síochána but the approval for such
appointment is to be given by the Authority subject to the consent of
the Minister with the approval of the Minister for Public Expenditure
and Reform;
· section 17 requires the Authority to publish, within 12 months, a
code of ethics for Garda members that—
o includes standards of conduct and practice,
o is fully consistent with the policing principles, and
o encourages and facilitates the reporting of wrongdoing in
the Garda Síochána by members of the Garda Síochána.
Head 7 replaces sections 20 to 33 of the Act of 2005. The main provisions
are as follows:
· section 20 allows the Authority, subject to the prior agreement of
the Minister, to determine, and from time to time revise, priorities
and performance targets for the Garda Síochána in performing its
functions relating to policing matters;
· section 21 allows the Minister to set priorities for the Garda
Síochána in relation to security matters;
· section 22 requires the Authority, with the prior written agreement
of the Minister, to approve the 3 year strategy statement for the
Garda Síochána;
· section 23 makes provision for the preparation by the Commissioner of
a policing plan relating to policing matters for approval, subject to
the prior written agreement of the Minister, by the Authority;
· section 26 enables the Authority (in relation to policing matters)
and the Minister (in relation to security matters), subject to
Government approval, to issue written directives to the Garda
Commissioner. Provision is made, in exceptional circumstances, for
the Government to approve the issuing by the Minister of a written
directive to the Garda Commissioner concerning any policing matter;
· section 27 restates many of the functions of the Garda Commissioner
as set out in section 26 of the Act of 2005 duly amended to recognise
accountability of the Commissioner to the Authority in relation to
policing matters and to the Minister in relation to security matters.
Part 4 makes provision for amendments to sections 35, 36 and 38 of the Act
of 2005 to transfer to the Authority the functions of the Minister in
relation to Joint Policing Committees and the establishment of CCTV schemes
for the purpose of securing public order.
Part 5 contains amendments to sections 40, 41, 42, 44, 45, 46 and 47 of the
Act of 2005 dealing with the accountability of the Garda Commissioner for
the exercise of his or her functions. In particular, section 40 provides
for the accountability of the Garda Commissioner to the Authority in
relation to policing matters and to the Minister in relation to security
matters.
Part 6 contains amendments to sections 52, 53, 54 and 56 of the Act of 2005
dealing with, amongst other things, the secondment of members of the Garda
Síochána to serve with the Police Service of Northern Ireland and vice
versa.
Part 7 contains amendments to those provisions of the Act of 2005 relating
to the Garda Síochána Ombudsman Commission and the Garda Síochána
Inspectorate to take account of the establishment of the Authority. The
most important amendments are as follows:
· Head 23 amends section 102 of the Act of 2005 to enable the Authority
to request GSOC to investigate any policing matter that gives rise to
a concern that a member of the Garda Síochána may have committed an
offence, or behaved in a manner that would justify disciplinary
proceedings.
· Head 24 amends section 102B of the Act of 2005 (being inserted by the
Garda Síóchána (Amendment)(No. 3) Bill 2014) to enable the Authority,
subject to the consent of the Minister, to request GSOC to
investigate any behaviour of the Garda Commissioner in the context of
his or her functions relating to policing matters that leads it to
believe that the Commissioner may have committed an offence or
behaved in a manner that would constitute serious misconduct.
· Head 26 substitutes a new section 106 into the Act of 2005 which
allows the Authority to request GSOC to examine practices or
procedures of the Garda Síochána in relation to policing matters.
· Head 27 amends section 117 of the Act of 2005 to enable the Authority
to request the Garda Síochána Inspectorate to initiate an inspection
or inquiry in relation to aspects of the operation and administration
of the Garda Síochána pertaining to policing matters.
Part 8 contains miscellaneous provisions, including a provision at Head 29
for a review of the operation of the Act by the Minister, in consultation
with the Minister for Public Expenditure and Reform, not later than 5 years
after its commencement.
Part 9 will contain any necessary transitional arrangements.