Cabinet approves heads of Garda Síochána (Amendment) Bill 2014 to reform and strengthen workings of GSOC
- · Garda Commissioner to come under GSOC remit
- · Time limit for lodging complaints extended to 12 months
- · GSOC’s investigative powers to be extended
- · Issues raised in Cooke Report to be addressed
Cabinet also approves new mechanism for review of allegations received by Government
Frances Fitzgerald TD, Minister for Justice & Equality has today welcomed the approval by Government of two sets of proposals aimed at restoring confidence in the performance, administration and oversight of policing in Ireland.
Firstly the Cabinet has agreed the heads and General Scheme of the Garda Síochána (Amendment) Bill 2014 which proposes a number of reforms to the remit, functions and operation of the Garda Síochána Ombudsman Commission (GSOC). Details of the draft heads of the Bill are listed below.
Secondly, Government approves the establishment of a new Independent Review Mechanism for consideration of allegations received by Government. A panel of legal Counsel, identified by the Office of the Attorney General, is to be established. Members of the panel will examine the papers on each case and make recommendations to the Minister on whether further action is needed, such as referral to GSOC.
Both proposals were brought to Cabinet by Minister Fitzgerald following discussions at the Cabinet Committee on Justice Reform.
Minister Fitzgerald stated: “Today’s decisions by Cabinet represent a further step forward for the Government’s comprehensive justice reform programme.”
“By reforming and strengthening workings of GSOC; and addressing outstanding allegation against Gardai, I hope these changes will greatly assist in our task of restoring confidence in the performance, administration and oversight of policing in Ireland.”
“These measures, together with the planned establishment of an independent Garda Authority and the opening-up of recruitment process for Garda Commissioner, marks the start of the sea-change I promised on coming to office as Minister for Justice.”
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Notes for Editors:
Draft heads of Garda Síochána (Amendment) Bill 2014
Head 2 extends the general time limit for making a complaint to GSOC from six to twelve months. This brings the situation into line with the arrangements in Northern Ireland but it does not alter the current position under which it is open to GSOC to extend the time limit if it considers that there are good reasons for doing so.
Head 3 permits GSOC to undertake the interception of communications and electronic surveillance in carrying out criminal investigations in respect of Garda personnel. These are powers that are not available to GSOC at present.
Head 4 confirms that a GSOC investigation may be carried out under section 102 of the 2005 Garda Act where the identity of a specific Garda member may not be initially known or where a non-Garda could also be involved. This matter was subject of a recommendation of the Cooke Report.
Head 5 enables the Minister to refer certain matters relating to criminal or other serious misconduct on the part of the Garda Commissioner to GSOC for investigation and it will also be open to the Ombudsman Commission to initiate an investigation into such misconduct on its own initiative. However, the conduct that may be investigated under the new arrangements will not include the exercise of the general direction and control functions of the Commissioner. Oversight of such matters will be considered in the Bill on the proposed new Garda Authority.
Head 7 will permit GSOC, for the first time, to carry out an examination on its own initiative into a Garda practice, policy or procedure. Currently, it can only do this with the Minister’s approval.
Head 8 provides for a statutory obligation for sharing of information between Gardai and GSOC. This has been requested by GSOC and it is a matter that was identified for attention by the Government on foot of the Cooke Report.
Head 9 opens the way for the Garda Inspectorate to conduct investigations or inquiries on its own initiative.