Plea for policing inquiry to have its freedom

The new policing commission must be “wholly independent” of the Government and should examine the Garda’s relationship with the Department of Justice, a leading policing expert has said.

Prof Dermot Walsh told the Irish Examiner he was “surprised and disappointed” that yesterday’s statement by the Tánaiste, announcing the commission, “told us nothing” about its composition and the talents and experience of members, or how its recommendations would be implemented.

The Kent Law School academic said that without this and other basic information it was “very difficult to assess whether this reflects a genuine commitment to effect a fundamental reform of policing in Ireland or just another exercise in being seen to be active”.

In other policing developments, Taoiseach Enda Kenny confirmed that the 740-page second report of the Fennelly Commission on Garda recording of phonecalls was to be published in the coming days, while an expert group chaired by the CSO on the Garda Inspectorate’s recommendations on crime statistics is also set to be published shortly.

And the Oireachtas justice committee has given the Garda commissioner a week to respond to 15 key questions following her bruising four-hour meeting at the committee last Thursday.

Tánaiste Frances Fitzgerald yesterday said the Government had given approval to begin the process of establishing a Commission on the Future of Policing in Ireland.

She said the commission’s terms of reference should be “wide ranging” and allow for an examination of “all aspects of policing”.

Ms Fitzgerald said that among the issues it should address were:

• Structures and management required for the most effective delivery of policing including all functions currently conducted by Garda – community safety, security and immigration;
• Composition, recruitment and training of personnel;
• Culture and ethos;
• Structures for oversight and accountability;
• Legislative framework.

She said the terms should take account of best policing practices of other countries and previous reports on policing in Ireland.

Prof Walsh, an author of books and papers on policing and criminal justice in Ireland, said the terms of reference were “critical” for the commission to be “an actual root and branch review”.

He said this meant not examining the Garda in isolation, but external governance and accountability. While the oversight structures are mentioned, he said the key relationship between the Garda and the Department of Justice and the Government was not.

He said the commission must examine the powers and duties of gardaí, human rights issues, promotion and pay and conditions. He said it was crucial it be “wholly independent” of government; ideally it should be “appointed by the Oireachtas and report to the Oireachtas”. He said there had to be an implementation body or there was “a very real risk” it would “gather dust” like many reports.

“The overall object should be to establish why the Garda seems so prone to corruption, neglect and inefficiency across so many aspects so many years after the Morris report, and what can be done to turn it around.”

Government sources said it had yet to be decided who may lead it and that it could have several members.

The Tánaiste will consult the opposition, oversight agencies, the gardaí and others before terms of reference are decided next week.

The commission may be given at least a year.