Analysis: The proposals leave many questions unanswered, writes Carol Coulter, Legal Affairs Correspondent.
"It is a fact that the Garda Síochána must change. We simply cannot leave things as they are." With these words the Minister for Justice ended the presentation of his proposals on a new Garda Síochána Bill.
The centrepiece of the proposals, taking up half the 90-page Scheme of the Bill, are those providing for the setting up of a Garda Inspectorate, replacing the existing Garda Síochána Complaints Board.
In his speech Mr McDowell described this as "an Inspectorate with powers of a Police Ombudsman". In questions afterwards he said it was being called an inspectorate because it would be a three-person body rather than a single individual, and he had no strong views on its title.
However, the nature and extent of this body's investigative powers are still not spelled out fully, and are to be the subject of further consultation both with Garda representative organisations and with interested parties, such as the Human Rights Commission and the public.
As of now the proposed legislation does not contain any provision for the inspectorate to initiate investigations. This has been a central part of both the powers and the work of the Police Ombudsman for Northern Ireland. Under these proposals, the inspectorate will act on foot of a complaint, or following a request from the Minister to carry out an investigation into a specific practice or policy.
While there are no proposals for it to initiate investigations, the accompanying notes state, in relation to a death or serious injury in custody, or a serious breach of human rights: "The inspectorate is obliged to carry out an immediate investigation irrespective of whether a complaint is made or not. This is in accordance with ECHR requirements."
This is a reference to recent judgments of the European Court of Human Rights which found that states must allow an independent body to investigate deaths or serious injury to a person in police custody. It is not clear why there is no provision for such an inquiry to be initiated without a complaint in the Bill as proposed.
Other complaints to the inspectorate can either be handled informally, if they are not serious, be referred to the Garda Síochána, which must report on the outcome of its investigation to the inspectorate, or be investigated by the inspectorate itself.
It will have powers of detention, search, seizure, and powers to enter premises while carrying out its investigations.
It is envisaged in the legislation that the three-person inspectorate (which must have at least one woman) will be headed by a senior member of the judiciary. It will have a substantial budget, although Mr McDowell would not be drawn on what this might be. There will be a chief executive and a staff, which will be something less than that of the Northern Ireland Ombudsman's staff of 120, and will incorporate existing staff of the Garda Complaints Board.
Many questions about this body remain unanswered. The central one concerns the initiating of its own investigations. Other questions are: who will staff it, especially its investigative team? What relationship will its members and staff have with retired members of the Garda Síochána and what resources will be available to it?
The Minister admitted that many issues were still being considered, but said he would strike a balance "between the effectiveness of the inspectorate and the effectiveness of the Garda Síochána".
The issue of accountability is also central to the changes. A number of mechanisms will be put in place to improve accountability, including the appearance of the Garda Commissioner before the Public Accounts Committee.
There will also be more accountability at local level, with the formation of policing committees jointly with local authorities. These committees will act "as a general forum for discussion and consultation on matters affecting the policing of the functional area" represented by the local authority.
They will have no powers of oversight over Garda policy and practice in local areas, but will allow for input from both the local representatives and the public into Garda practice.
There is also a general provision for the Garda Síochána to consult the public on matters of policing and crime. This has yet to be drafted in detail.