THE GARDA Ombudsman Commission has asked the Government to give it the power to opt out of fully investigating some of the public's complaints against gardaí, The Irish Timeshas learned.
Instead, some complaints would be referred to the Garda Commissioner or, when warranted, could be wound down after a brief preliminary inquiry.
The proposal to allow the Garda effectively investigate its own members in some cases has been put forward by the commission, which has its own investigators independent of the Garda.
It was established to replace the old Garda Complaints Board system which was seen as ineffective because it involved gardaí investigating gardaí.
A spokesman for the commission stressed that only relatively minor complaints would be referred to the Garda Commissioner. The commission would monitor the Garda's investigations and could at any time decide to take back control of a case.
Minister for Justice Brian Lenihan met with the commission late last year. A spokeswoman said he had reached "substantial agreement" with the commission and that legislative changes would be brought to Cabinet "shortly".
The ombudsman commission wants the power to effectively opt out of some complaints because it cannot handle its current workload. It fears delays will impact public confidence.
It has received 2,500 complaints in its first 10 months compared with the average 1,400 complaints received annually by the Garda Complaints Board.
The ombudsman commission's workload problems are so acute it has 890 cases which it has not even begun to progress yet.
Last year it applied for an adjournment of an inquest into the shooting dead by gardaí of two raiders during a robbery despite the jury already retiring to consider its verdict.
It applied for the adjournment on the basis of a complaint received three weeks earlier from one of the dead men's families that gardaí had engaged in "unlawful use of lethal force".
Pressure of workload was cited for the delay. In an embarrassing rebuke to the commission Dublin City Coroner Dr Brian Farrell refused the application.
In its as yet unpublished biennial report to Government the commission has proposed for itself the power to conduct pre-admission inquiries.
This would involve brief inquiries, some with the Garda, to assess the veracity of a complaint. It could then prioritise cases where appropriate, greatly reducing its workload.
At present, once the commission starts an investigation it must bring it to a formal conclusion even if there are credibility problems with a complaint.
The commission spokesman said the preliminary inquiries would ensure the most serious cases receiving most attention.
