Justice department review timeframe ‘ridiculously short’

A 40-day deadline set for a mammoth review of the Department of Justice is "ridiculously short" and belies the fundamental review needed, a leading expert has said.

Professor Dermot Walsh also described as “narrow” the background of the six- person review team, saying it did not include academic experts on government or anyone from human rights, equality or immigration sectors.

Management consultant Eddie Molloy criticised the failure to explicitly task the group with examining the “culture” within the department which he described as secretive.

The review was promised by Justice Minister Frances Fitzgerald after the publication of the Guerin Report into the handling of complaints by the gardaí and the Department of Justice of allegations from whistleblower Sergeant Maurice McCabe.

Seán Guerin criticised the department for failing to carry out an independent analysis of Sgt McCabe’s complaints and said it had merely sought the views of the Garda commissioner.

He said it appeared department officials had not given former minister Alan Shatter any written submission on the commissioner’s response. In addition, he also had difficulty finding any material showing the department understood the minister’s statutory role.

On Tuesday evening, Ms Fitzgerald formally announced the establishment of the Independent Review Group which she said would “undertake a comprehensive review of the performance, management, and administration” of the department.

She said the group’s report will be given to her by July 11, in less than six weeks.

“The timeframe is ridiculously short,” said Prof Walsh of Kent University, an expert on policing. “These are all busy people. They simply will only have the time to undertake a reflective review across all aspects of the department’s remit, operations, and accountability and how these matters might be handled differently.

“The clear implication is that the review will be confined to a systems/management assessment. This is much too narrow, especially in the light of the potential impact that the proposed Garda Authority will have on the role of the department.”

He added: “Overall, there is no sense of any real appreciation of the fundamental review that is required of how we deliver, and account for, law enforcement, justice and home affairs in this country. Given the events of recent months and years, this is most disappointing, but very familiar.”

He said the membership of the group was drawn from a “relatively narrow range of sources”, with no academics from a politics or governance background or people from an equality, human rights or immigration areas.

Consultant Eddie Molloy, meanwhile, yesterday told Morning Ireland the implementation of the report’s recommendations would be a challenge and that it would take a long time to “change the DNA” of the department.

He said the existing culture in the department would just “gobble up” the report and suggested an oversight body to ensure its implementation.

Key terms

The independent review group will assess and report on:

1. The roles, responsibilities and capabilities of the department, including concerns in respect of governance and oversight of external organisations identified particularly in the Guerin report.

2. The department’s performance in discharging its responsibilities, implementing its programmes and achieving its desired strategic outcomes, as set out in its Statement of Strategy.

3. The effectiveness of the department’s current structure, systems, management and capabilities.

The group will also have regard to the policy, legal, institutional and resource framework within which the department works.

The review will draw on international best practice regarding the organisational structures, skills, training and levels required by the department so that it can fulfil its roles and responsibilities.

The group may engage additional expertise. It will provide a report to Justice Minister Frances Fitzgerald by July 11.

GROUP MEMBERS

Kevin Toland (Chair): Chief executive of Dublin Airport Authority. Previous senior roles at Glanbia USA, Coca-Cola Bottlers Russia.

Kathleen O’Toole: Former chief inspector of Garda Inspectorate. The first female commissioner of the Boston Police, she is now the chief of Seattle Police.

David Byrne SC: After 30 years at the bar, he was appointed attorney general in 1997 and later an EU commissioner.

Pat McLoughlin: Senior officer in the old health boards, then deputy chief executive of the HSE and later chief executive of the Irish Payment Services Organisation.

Geraldine Tallon: Secretary general of the Department of the Environment.

Greg Sparks: Specialist in consulting and corporate finance.