Minister for Justice Alan Shatter has rejected a Bill from Independent TD Mick Wallace that proposes radically reforming An Garda Síochána and which Mr Wallace said would enhance its independence and accountability.
But Mr Shatter said he could not accept that the case had been made that transferring key oversight functions to a separate body would enhance democratic accountability.
Mr Wallace’s Garda Síochána (Amendment) Bill proposed the establishment of a Garda Síochána Independent Board with monitoring, supervisory and oversight functions over gardaí. The Bill also aims to strengthen the Garda Síochána Ombudsman Commission.
"We see this as an important step in strengthening the democratic accountability of An Garda Síochána, which is necessary to promote public confidence and trust in the force," the Wexford TD said.
He said the board’s function would include the human rights proofing of all Garda policies, procedures and practices and the publication of all goals and operational policies of the Garda Síochána.
Accountability
But Mr Shatter said the argument usually made about creating an independent board was that it "interposes an additional layer of independent accountability between the political process and the management of a police force".
He said it was true that Northern Ireland retained a police authority and "does a very good job in sometimes difficult circumstances. But I think that everyone would also acknowledge that the need for the policing board arises in large measure from the unique circumstances of the North, in particular the need for confidence-building in a cross-community environment."
He said the Garda was the police service in the South but also the security and intelligence service and the Border control authority. He found it "hard to imagine circumstances where control of such critical national functions could be transferred to an unelected body".
Practical issues
As well as substantial difficulties in principle with the legislation, he said "there are also practical issues". He questioned whether a board made up of at least 16 people could operate effectively, especially given the wide range of functions it would have.
He asked if it would be appropriate for office holders such as the Ombudsman for Children or the Data Protection Commissioner to have direct responsibility for the management of the Garda Síochána, including the appointment and dismissal of senior Garda management and the approval of operational policing policies.
Sinn Féin’s Sandra McLellan said “this legislation is about who guards the guards. Sinn Féin has long called for independent oversight of the gardaí”. She said it was long past the time for an independent Garda ombudsman.
