Senior gardaí: Ombudsman breached act in bug probe

Middle-ranking gardaí have accused the ombudsman of going outside the law by using an independent firm to investigate suspected bugging at its offices.

The Association of Garda Sergeants and Inspectors also says members of the force should be allowed join the watchdog, and it wants the State to pay for lawyers who advise gardaí during disciplinary cases or matters probed by the ombudsman.

The recommendations are part of the association’s submission to the Oireachtas Justice Committee, obtained by the Irish Examiner, on changes to the law on the oversight of gardaí and the work of the Garda ombudsman.

At the AGSI annual conference earlier this month, members said morale was “on the floor” due to controversies hitting the force.

One of those is the claim the offices of the Garda Síochána Ombudsman Commission were bugged. An independent report on this for Government is expected to be completed soon.

The AGSI has now made its views known to the Justice Committee about the suspected bugging and wants an overhaul of rules for the ombudsman.

The AGSI submission claims the ombudsman breached the Garda Síochána Act 2005, by hiring British security firm Verrimus to see if its phones or other equipment were bugged. That act says GSOC should not disclose information if it has a “harmful effect”.

“This was breached by GSOC in allowing an outside, unvetted company to access its records in the carrying out of a ‘sweep’ of the offices of the commission,” the AGSI says. “This must be addressed by GSOC.”

Legal fees for gardaí under investigation should also be footed by the State, it says. “The costs of legal advice in all GSOC and discipline investigation should be contributed to by the State — not merely criminal matters.”

Gardaí should also be allowed to join the three-member commission, it adds: “Members of other police forces are eligible to appointment to the commission — why not An Garda Síochána?”

It says gardaí should also be allowed make complaints to the ombudsman’s office — which current rules prohibit.

Middle-ranking gardaí also want individuals who knowingly make false or misleading complaints properly dealt with or prosecuted.

They say the law is unclear on this: “Where such a complaint is considered frivolous or vexatious, steps should be taken to find against the complainant.”

The Justice Committee is set to begin hearings into proposals to reform oversight of the force next month, said its chairman, David Stanton.

This will also include proposals around how a policing authority should be set up and what powers should be changed for the Garda ombudsman.