Garda Bill could seriously undermine gardaí, says watchdog

GOVERNMENT proposals for a garda inspectorate could “seriously undermine” the effectiveness of the institution, according to the State’s official human rights watchdog.

The Human Rights Commission (HRC) called for radical changes to the draft Garda Síochána Bill, published by Justice Minister Michael McDowell earlier this year.

In a detailed submission, the HRC reiterated its call for the inspectorate to be replaced by a garda ombudsman, which they said would have more powers and greater independence.

“The proposed complaints body does not have the same powers as a member of the Garda Síochána to arrest and hold suspects when it is investigating a criminal offence, even where the behaviour under investigation has led to death or serious injury.”

It said: “It is therefore possible to perceive of a case involving serious allegations of wrongdoing where, given the inadequate powers ... the Inspectorate may feel compelled to refer the case to the Commissioner for a more thorough and effective investigation to be carried out.”

The HRC said this situation “could seriously undermine the effectiveness of a complaints body” and recommended that the investigatory staff of any new complaints body be given the same powers as gardaí.

The HRC said the inspectorate should not have to consult the Garda Commissioner before it began certain investigations and that it should have an independent power to initiate an examination into garda policies or practices. The HRC criticised provisions stating that the inspectorate must itself investigate serious cases involving an alleged death or serious injury and that all other cases could be referred to the Garda Commissioner, who would choose an officer to carry out the investigation. The HRC recommended that serious cases, requiring an inspectorate investigation, be extended to include alleged torture, sexual harassment or abusive behaviour.

The HRC said provisions for referral were “seriously flawed”. They recommended a panel of Inspectorate-approved garda investigating officers which would work under the direct supervision of the complaints body.

In relation to the controversial proposal to criminalise gardaí leaking information to journalists, the HRC warned the minister that any restrictions must be shown to be necessary in a democratic society and penalties must be proportionate.