Code tells gardaí to ‘oppose’ colleagues’ illegal conduct

Individual gardaí have a duty to “rigorously oppose” and report unprofessional, unethical and illegal conduct by colleagues, according to a draft Garda Code of Ethics.

The draft code commits members to “never ignore” such behaviour, regardless of the rank of the person concerned, and to “support” colleagues who are victimised for speaking out.

The document, published yesterday by the Policing Authority for public consultation, states that breach of the code will “often” be simultaneously a breach of discipline and subject to sanction.

It is the first time in 10 years that such a code has been drafted, despite it being part of the Garda Síochána Act 2005, with the relevant section being commenced in March 2006.

There have been many calls for such a code from various tribunals and judicial inquiries, mostly recently the Independent Review Mechanism, as well as by the Garda Inspectorate and follows the treatment of whistleblower Sergeant Maurice McCabe.

The draft code states that the “primary loyalty” of gardaí is to the public, rather than each other.

It insists on a “duty of frankness” to colleagues, the garda organisation and “above all” to the public.

There are 13 sections to the code with a total of 47 commitments for gardaí.

It commits gardaí to “protect the integrity of the Garda Síochána by rigorously opposing unprofessional, unethical, illegal, or corrupt behaviour in any form”. It said members must “never ignore” such behaviour and obliges them to “report, challenge or take action” against it.

It said there is a duty to “support colleagues that are subjected to victimisation or bullying” as a result of speaking up or reporting wrongdoing.

The draft code commits senior management to “encourage and facilitate speaking up and reporting wrongdoing at every level in the organisation”.

The document said it recognises that “close co-operation, team spirit, mutuality of support and loyalty to a common public purpose” were essential elements for police officers.

“But,” it said, “the primary loyalty must be to the public from whom, ultimately, all Garda responsibility and authority derives.

“There is, as a consequence, a duty of frankness to colleagues, to the organisation and, above all, to the public.”

It said members must “treat everybody with fairness and respect”, show “appropriate compassion and empathy” and to be “sensitive” to people with “vulnerabilities”.

Regarding police powers, it commits members to respect the human rights of people and to ensure their actions are “proportionate and reasonable”.

It said members must never destroy, hide, exaggerate, interfere with or invent information or evidence.

It said gardaí must give “timely and truthful” information to victims and witnesses, including updates on investigations.

Responses to the consultation ends on September 23, 2016, with the authority completing the Code of Ethics before the statutory deadline of December 31.