Fitzgerald introduces legislation to strengthen GSOC

Minister for Justice Frances Fitzgerald has introduced legislation in the Dáil to strengthen the role and powers of the Garda Síochána Ombudsman Commission (GSOC).

Ms Fitzgerald said the Garda Síochána (Amendment) Bill aimed to deliver on her commitment to this priority.

She said the legislation included some of the recommendations in the very extensive report of the Justice Committee.

Stressing that the Bill would bring the Garda Commissioner within the scope of GSOC investigations for the first time, she said that after careful consideration, she was satisfied that the consent of the Minister should be required “where GSOC proposes to undertake an investigation on its own initiative into alleged misconduct on the part of the Garda Commissioner”.

She said it was appropriate for the Minister to do so “taking account of the key position of the Commissioner, especially in security matters”.

But she emphasised that “refusals to give such a consent should only be for very good reasons, which should be communicated to GSOC”.

Ms Fitzgerald also stressed that it was still the Government’s intention to bring in the Bill for the establishment of the independent new policing authority this Dáil term.

She added that the Public Appointments Service “has sought expressions of interest for the position of chairperson of the policing authority who, when appointed, will assist in the appointment of the Garda Commissioner as well as in preparations for the establishment of the authority”.

The independent review mechanism of barristers “is examining a range of complaints, some alleging Garda misconduct or problems with investigating misconduct or problems with investigations throughout the criminal justice system. As soon as I have the analysis of the independent review mechanism I will of course put that in the public domain.”

Ms Fitzgerald said the Government’s reforms were about the broader systematic failures which had been identified.

“Our reforms, and the work of this House in relation to them, have to be about restoring the confidence of the public in the Garda Síochána and giving organisations like GSOC and the Garda Inspectorate the tools and the independence they need to carry out their tasks so that the public can have confidence in the oversight we have in this country with regard to policing.”

Fianna Fáil justice spokesman Niall Collins welcomed the legislation but said "it falls far short" of the justice committee's recommendations.

“This Bill does not go far enough in securing the independence and impartiality of the GSOC from An Garda Síochána or the Minister for Justice and Equality.”