Concerns about possible non-statutory nature of Garda review rejected

The Government has rejected claims the imminent root and branch review of An Garda Síochána will fail to have full access to all files because it is likely to be non-statutory in nature.

A Government spokes- person dismissed the concerns yesterday as Justice Minister Frances Fitzgerald published draft terms of reference for the inquiry, which is due to begin after Easter.

The review, in response to the recent phantom breath tests and wrongful traffic convictions controversies, will focus on accountability, leadership, management capacity, and the culture and ethos of the gardaí, and will also examine the Garda Ombudsman, the Policing Authority, and the department’s interactions with officers.

The plans, which also include a recommendation that the review is overseen by a panel of Irish and international experts, do not include a specific timeframe, but are expected to see the investigation last for 12 to 18 months.

Asked about concerns the non-statutory nature of the review could allow officers to reject requests for information in certain circumstances, a Government spokesperson said that this was unlikely to happen as gardaí have a long history of supplying all records to inquiries.

Meanwhile, in a statement confirming the proposed scope of the imminent review — which is likely to be called the Commission on Future Policing — Justice Minister Frances Fitzgerald insisted change is necessary in the force in order to turn it into a “21st century police service”.

She said the latest crisis has the “potential to undermine public confidence in policing and the legitimacy of An Garda Síochána” and must be effectively tackled by those in positions of power.

“The people of Ireland are entitled to have a professional and effective police service they can trust and have confidence in to act not only within the law, but to the ethical standards appropriate to a modern police service,” said Ms Fitzgerald.

“Notwithstanding wide-ranging measures taken to address the causes of these controversies — including the establishment of a new oversight framework and the ongoing implementation of a reform programme within An Garda Síochána — concerns remain in relation to its accountability leadership and management capacity.

“These concerns have the potential to undermine public confidence in policing and the legitimacy of An Garda Síochána.”