It has taken the Coalition Government two years - and two Ministers for Justice - to bring forward proposals for a modern complaints procedure involving members of the Garda Síochána. In April, 2001, Mr O'Donoghue told the Dáil that a Bill to establish an independent inspectorate would be introduced at "an early date".
Yesterday, Mr McDowell published a broad outline of that legislation and invited observations on his proposals. The Garda Síochána Bill, 2003, and the powers and functions of an independent inspectorate, have yet to be finalised. This tentative approach does not reflect the urgency of the situation.
Public confidence in the Garda has been shaken by a succession of controversial events involving members of the force. The work of the Morris and Barr tribunals has done nothing to assuage concerns. There is a perception abroad that some members of the Garda can no longer be held accountable by traditional disciplinary mechanisms. That makes the situation all the more critical.
By seeking submissions from members of the public and from various other statutory bodies on the investigative powers to be granted to the new inspectorate, the Minister for Justice may be taking out insurance against a possible backlash from within the Garda Síochána. The proposed three-person inspectorate will be empowered to launch investigations into Garda activities, even when complaints have not been made by the public. Members of the Garda will be obliged to co-operate with its work. And it will have a general oversight of police operating standards. Mr McDowell observed that, in certain circumstances, powers of detention, search, seizure and entry into premises would be required by the inspectorate. Such powers would be balanced by protections for members of the Garda, including judicial oversight.
It is a complex and difficult area. And it is to be hoped the appointment of a new Garda Commissioner, Mr Noel Conroy, will facilitate these endeavours. When established, the inspectorate will have a difficult task in convincing the public of its effectiveness, on the one hand, and members of the Garda of its vital importance, on the other. Public support and confidence in the Garda is the key to effective policing. Unfortunately, last year, the Garda Complaints Board - which the inspectorate will replace - reported "a general lack of public confidence" in the existing complaints system. That situation cannot be allowed to continue. The Minister showed courage last year by publicly supporting an unprecedented investigation into the behaviour of gardaí during a Dublin street protest. He also dramatically increased funding for the Garda Complaints Board. By linking the establishment of an inspectorate with other far-reaching reforms of the Garda Síochána, Mr McDowell has placed the initiative in its proper context. This Bill will redefine the relationship between the Government and the police. But it must also redefine the relationship between the police and the public.