HRC calls for garda complaints body to have power of arrest

THE new garda complaints body should be given full powers of arrest and detention when probing alleged criminal behaviour within the force, the fledgling Human Rights Commission said yesterday.

Commission president Maurice Manning said the proposals for the inspectorate did not go far enough, despite Government assurances the inspectorate will have the same powers, and more, as the North’s ombudsman.

Mr Manning yesterday launched what the commission believes should be the template for the planned inspectorate, legislation for which is expected to be delivered to the Dáil early next year.

Under the Government’s plan, the new body will be run by a three person inspectorate.

But the inspectorate is also likely to concern itself with broader issues, such as the efficiency of the force in relation to management structures and recruitment.

These powers should be separate, according to the HRC, as the ombudsman would merely be concerned with human rights, while an inspectorate could come to a different conclusion on a particular issue.

Fellow commission member Mr Michael Farrell said: “To take a possible example, the use of CS gas might be regarded as a highly efficient way of dispersing a rioting crowd but it would raise very substantial human rights concerns, notably in its possible effects on uninvolved bystanders.”

The ombudsman’s powers of investigation should make a clear distinction between complaints of a serious and minor nature, the HRC argues.

Less serious complaints could be dealt by agreement with the complainant, internally or through mediation. But any alleged violations of right to life, excessive use of force, ill treatment, both in custody and not, and discrimination would be dealt with formally and investigated, the commission argued.

Under its proposals, the ombudsman would have the power to initiate investigation, even when there has not been a complaint and it could review groups of complaints where there may be a systematic problem within, say a garda station.

Mr Farrell said the new body should also have the power to investigate incidents that took place prior to its setting up. He added that the commission has no problem with former gardaí being part of the investigation team but that there should be a mix, officers from overseas or members with legal experience.

“The ombudsman and agents must have the legal capacity to call and question witnesses, to search and obtain relevant documents and to access physical locations,” said Mr Farrell.

Nearly 80 gardaí have been charged with various criminal offences since January 2000.

The commission said it would expect investigations by gardaí into criminal activity by its own members to continue in tandem with the new complaints body.