A supplementary estimate is required by my Department for the funding of the Commission of Investigation to examine certain matters of public concern relating to An Garda Síochána and other persons.
Background
The reasons for establishing the Commission are well known at this stage.
Following consideration of very serious matters relating to the operation of An Garda Síochána telephone recording systems, the Government decided that the implications were potentially of such gravity that it was appropriate to establish a statutory Commission of Investigation to examine all matters of public concern relating to the issue.
The Government also decided to establish a new Cabinet Committee on Justice Reform to oversee the development of proposals for an independent police authority, and other associated reforms to the policing and justice system.
We need to ensure full public confidence in, and support for, the Garda Síochána given the very difficult and important task they fulfill. We therefore wish to see a full public debate on the issue of policing and justice reform and the Government will very shortly commence a public consultation process on the issue of an independent policing authority.
Deputies will recall that the draft Government Order providing for establishment of the Commission was approved by this House following a debate on 15 April 2014. The draft Order included a copy of the detailed and extensive terms of reference for the Commission.
The draft Order was subsequently approved by the Seanad following a debate in that House on 16 April.
In accordance with the legislation, the Commission of Investigation (Certain Matters relative to an Garda Síochána and other persons) Order 2014, was then made by the Government on 30 April 2014.
The Government also formally appointed Supreme Court Judge, Mr. Justice Nial Fennelly, as Chair of the Commission.
The Commission’s Terms of Reference envisage a final report to the Government no later the 31st December 2014, subject to section 6(6) of the Act.
There have been calls for earlier reports on some elements of the investigation, particularly the sequence of events leading up to the retirement of the former Garda Commissioner. However, it’s important to recognise the independence of the Judge and therefore the Government has given the Commission full flexibility on the nature, timing or sequencing of any part of the investigation.
As required under the Act, my Department has made arrangements to publish the Commission’s Terms of Reference and the Statement of Costs and Timeframe for the Investigation in Iris Oifigiuil.
Costs
The staffing requirements of the Commission will reflect the scope of the terms of reference and the ambitious timescale involved. The exact requirements of the Commission will become clearer in the coming weeks as it begins to scope out its work in more detail.
In accordance with the Commissions of Investigation Act 2004, the appointment of staff and their terms and conditions will be subject to approval by me, with the consent of the Minister for Public Expenditure.
In addition to direct staffing costs, set-up and ongoing costs will arise in relation to the establishment of the Commission’s office, ICT and administration, travel and subsistence etc. Specialist expertise may also be required given the subject of the investigation.
Based on an initial assessment, a cost of €2m is deemed a reasonable estimate for 2014 and it is therefore proposed to provide for this from the Vote of the Department of the Taoiseach.
This estimate is based on the assumption that the Commission completes its work by the end of 2014, as specified in the terms of reference. If it were deemed necessary to extend the Commission’s work beyond that date, then further staffing and other costs will of course arise.
In addition to salary and administration costs, third party costs may also arise. In accordance with the provisions of the Act, following consultation with the Commission and with the consent of the Minister for Public Expenditure and Reform, I will have guidelines prepared concerning this area. The extent and timing of any such costs are difficult to estimate at this stage.
Concluding Remarks
The Commission will be investigating serious matters which have important implications for An Garda Síochána and our justice system.
My sole interest in addressing these matters, which are rightly of deep public concern, is to establish the truth.
I believe that the establishment of the Commission is the most appropriate, timely and cost effective way of getting to the truth.
I commend the motion to the House.