Former members of the Garda will to be eligible to work for the new Ombudsman which will have powers to investigate the force, the Minister for Justice said today.
Mr McDowell was speaking at the launch of the draft Garda Bill 2004 which provides for the setting up of what will officially be known as the Ombudsman Commission. The commission will have powers to investigate and arrest members of the force and recommend prosecution. Mr McDowell said the new body would be "fully independent".
The Bill sets out a transparent, comprehensive code whereby complaints against members of An Garda Síochána are received, investigated and resolved.
Currently, complaints against gardaí are dealt with either by the Garda Complaints Board or internally, giving rise to concerns about what is effectively self-investigation.
Mr McDowell said serving members of the force will not be eligible to join the commission but he said it would be "wise" for former members to be appointed inspectors.
A budget of €7 million will be set aside for the running of the commission which will have a staff compliment of up to 80. Between ten and 20 people will be appointed as inspectors, with the rest performing legal and administrative functions.
"An important feature of the powers of the Ombudsman Commission is that it can investigate misconduct on its own initiative and its officers will have at their disposal the same powers, including powers of arrest and detention, as members of An Garda Síochána," Mr Mc Dowell said.
However, searches of Garda stations will require the Garda Commissioner be informed first and the consent of the Minister for Justice. The Police Ombudsman in the North recently criticised such a requirement.
Mr McDowell conceded he was in "a catch-22 situation" in relation to 'lightning searches' because many Garda stations retain files on matters relating to State security. A High Court judge will regularly monitor the Minister's decisions on station searches.
The Commission chair will publish an annual report and be obliged to appear before the Oireachtas Public Accounts Committee.
"I believe this one the most important pieces of legislation in the lifetime of this Government," Mr McDowell said.
The Garda Bill also provides for for the appointment of a reservist volunteer force. Members, while on duty, would have the same powers and duties as gardaí, However, the Minister said that "no decision has been taken by Government to establish a force of volunteer gardaí."
"What is at issue here is the creation of the legal basis for such a move, should the Government decide that future circumstances merit it."