‘Ombudsman has been undermined’

The Government is “undermining” the ability of the Garda Ombudsman to do its job, according to one of the country’s leading experts on criminal justice.

Professor Dermot Walsh said there was an “inappropriately unequal” relationship between the justice minister and the Garda Síochána Ombudsman Commission.

The author claimed that even though the watchdog’s operational independence was enshrined under the law, Taoiseach Enda Kenny and Justice Minister Alan Shatter thought they could “intervene and interfere” when GSOC “overstepped the mark”.

The Professor of Law at the University of Kent made the comments as Mr Shatter prepares his address for the Oireachtas Public Service Oversight Committee today.

Prof Walsh, who is completing a book on the relationship between government and the gardaí, criticised GSOC chairman Simon O’Brien for “caving in” to Mr Shatter by apologising for his failure to inform him of its investigation into suspect bugging.

“We have no hard evidence that GSOC was bugged,” said Prof Walsh.

“But what has struck me most was the relationship between GSOC and the minister. It has highlighted the inappropriately unequal relationship between them.”

He said he could understand why, as justice minister, Mr Shatter felt responsible for the areas of policing and police oversight, but added: “He shouldn’t be behaving as through he has any direct role in how GSOC functions and conducts its own internal affairs.”

He said the law clearly gives GSOC discretion to report certain matters to the justice minister.

Prof Walsh, formerly of the University of Limerick, said the involvement of the Taoiseach deepened his concerns: “GSOC is established as an independent body, but the reality is the Government, the Taoiseach, and the Minister for Justice, don’t see it in that light.

“They believe they can control how GSOC functions, and intervene and interfere where they feel GSOC oversteps the mark. That is an unhealthy situation.”

He criticised Mr O’Brien for apologising to the minister after he was summoned to a meeting with Mr Shatter.

“That’s caving in to the minister. As chairman, he should have said ‘I didn’t have to report, I stand over that, we have no statutory obligation to report’. That would have established clear blue water, saying ‘hands off, we’re an independent body, we cannot tolerate any political interference’.”

Prof Walsh added: “GSOC’s independence is not irrevocably damaged, but the apology has undermined, indirectly maybe, its independence.”

He felt there was a “deeper subtext” to what was going on and said the Government was “really undermining the capacity of GSOC to do the job it was set up to do”.

He said the body should be answerable to the Oireachtas. He said the “more strident approach to accountability” adopted by Oireachtas committees was “no bad thing” and could “work to the advantage” of GSOC.