Criticism for minister’s GSOC veto

Legal experts and opposition parties have expressed concern at draft laws giving the justice minister a veto on proposed Garda Ombudsman powers to investigate the Garda commissioner.

The ability to investigate the police boss was cited as one of the biggest expansions in the power of the Garda Síochána Ombudsman Commission following the raft of controversies enveloping the gardaí and the justice system.

GSOC has sought the power and it was recommended by an Oireachtas Justice Committee report.

Shortly afterwards, the Government published the heads of a new bill which would give GSOC that power.

When the full draft of the Garda Síochána Amendment Bill 2014 was published on Tuesday, the press release confirmed this.

However, the bill and the explanatory memorandum accompanying it revealed that the power is “subject to the consent of the minister”. It says that if the minister refuses, he or she must “provide reasons for that refusal”.

The head of law at Kent University, Dermot Walsh, who is a leading expert on policing and justice in Ireland, said the provision was “incompatible” with the operation of an independent police ombudsman.

Otherwise, Prof Walsh said the bill contained “several positive features”, which would “strengthen the capacity of GSOC to deliver on its remit”.

The bill will allow the watchdog to conduct covert surveillance on gardaí under criminal investigation and intercept their communications, subject to court warrants.

The body will also be able to conduct inquiries into practices and procedures in the force, without seeking the minister’s approval.

Sinn Féin justice spokesman Padraig Mac Lochlainn said: “I would have concerns about ministerial consent being required before the Garda Commissioner can be investigated.

“We will seek to strengthen the bill as it moves through the houses.”

Fianna Fáil justice spokesman Niall Collins said that he was concerned at the veto power, saying it would compromise GSOC’s independence.

A Department of Justice spokesman said the draft legislation took account of the results of a “public consultation process” initiated by the Cabinet Committee on Justice Reform and the Oireachtas Justice Committee. He pointed out this was the “first time” the commissioner was being made amenable to investigation.

GSOC declined to comment on the provision, but said it generally welcomed the bill which addressed “several of the concerns” it had highlighted to the Oireachtas committee.