GSOC submits plea for greater powers
GSOC, which investigates complaints and other incidents involving gardaí, says its “operational independence is compromised by the requirement”.
It also wants powers to carry out unannounced searches of Garda stations. Under current laws, it must give advance notice to the Garda commissioner.
The changes are among a list of demands in a strongly worded submission to the minister for justice in which GSOC says it needs complete independence from the department, more money, and a radical overhaul of its powers if it is to do its job properly.
The submission was sent last month after pleas for extra resources and revamped powers over the previous 18 months went largely unanswered.
GSOC says the current limits on its powers render many investigations “futile”, cause unacceptable delays and lead to dissatisfaction for complainants and gardaí alike with the body’s credibility and public confidence in it suffering as a result.
GSOC says it is not satisfactory that the minister for justice controls its budget and staffing. “We believe that independence and public confidence in the system would be enhanced by the designation of GSOC as a fully independent body.”
It also wants an end to the practice of referring complaints of a non-criminal nature back to gardaí for investigation which, it says, is “questionable in terms of public confidence”.
Where a GSOC investigation finds misconduct of a non-criminal nature, GSOC can only recommend that sanctions be applied. It says it must have powers to impose its findings.
“The Garda Síochána may decide that there is no breach, take no action and provide no rationale to GSOC. This happens often.
“It contributes to a feeling of futility for a complainant and for us,” it says.
It also wants stronger legal obligations on gardaí to co-operate with investigations, particularly when it comes to handing over documents and other forms of information, saying it experiences “difficulty in securing co-operation” in this regard.
And it wants the power to filter out ‘customer-service’ type complaints and resolve them, if the complainant agrees, at local station level.
Currently they must be individually notified to the commissioner and then put through lengthy investigations focused on “retribution rather than resolution”.
GSOC has dealt with over 23,000 complaints from the public since it was set up in 2007 as well as 900 referrals from the Garda Síochána itself plus numerous investigations requested by ministers for justice, including a long-running one into the penalty points scandal which was abandoned last month after it was decided the investigation was too large and resources too tight to continue with it.
Publication of the submission followed remarks by GSOC chairperson, Justice Mary Ellen Ring, earlier this week when she said the commission had been unable to investigate 20 protected disclosures from garda whistleblowers because it did not have enough staff.
The submission states: “GSOC acknowledges that its proposals have significant implications for the resourcing of the organisation.”
The co-leader of the Social Democrats Róisín Shortall called on the minister to act swiftly on GSOC’s calls.
“Recent Garda controversies have taken their toll on both morale within the force and public confidence,” she said. “We must not have a situation where sensible proposals from the Garda oversight agency are not implemented or resourced.”
The Department of Justice said the minister had requested the submission from GSOC and he would bring a memorandum to the Government on its proposals.
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