Gardaí attack GSOC powers in new bill 

AGSI general secretary Antoinette Cunningham said some of her members have had their lives 'turned upside down with their reputations destroyed', waiting for as long as five years for GSOC to conclude investigations where no wrongdoing was found. File picture: Don MacMonagle

Bodies representing the bulk of gardaí and Garda civil servants have strongly criticised landmark proposed legislation that aims to radically alter policing, Garda structures and oversight.

Addressing the Oireachtas Justice Committee, the association representing senior gardaí at the rank of superintendent said they had “grave concerns” about “politicisation” of the force, with the creation of a new internal Garda board.

The Association of Garda Superintendents (AGS) said it feared the board — which will be directly answerable to the minister for justice — could be populated by “political contacts”.

The committee, which is conducting an examination of the General Scheme of the Policing, Security and Community Safety Bill 2021, also heard from two other Garda bodies, as well as the union representing Garda civil servants and senior officials in the Department of Justice.

All Garda associations were critical of the Garda Síochana Ombudsman Commission, and were extremely concerned at the extra powers the watchdog would have under the bill.

The body representing middle and frontline Garda management described the proposed powers as “excessive” and “unfettered”.

The Association of Garda Sergeants and Inspectors (AGSI) said in the bill, GSOC could use the same extensive powers for investigating possible serious criminal offences and disciplinary matters.

AGSI general secretary Antoinette Cunningham said some of her members have had their lives “turned upside down with their reputations destroyed”, waiting for as long as five years for GSOC to conclude investigations where no wrongdoing was found.

“One can only describe the conduct as shameful in some cases,” she said.

She said the bill contains powers that threaten the “constitutional, human and employment rights” of members.

The Garda Representative Association which represents rank and file gardaí also hit out at the time members under investigation have to wait.

GRA general secretary Philip McAnenly cited one case of a member who heard just before his retirement, after being eight years under investigation, that he had no case to answer.

Both he and Ms Cunningham said gardaí should be notified they are under investigation and called for urgent oversight of GSOC.

Ms Cunningham questioned GSOC's competency, saying it had a budget of €11m in 2020, a staff of 127 and 1,900 open complaints.

Sinn Féin justice spokesman Martin Kenny said a lot of GSOC’s delays were caused by trying to find a garda to conduct its investigation. He said the former chair of the ombudsman, Judge Mary Ellen Ring, had complained of “huge difficulties” getting cooperation from the force.

Senators Michael McDowell, Barry Ward and Vincent P Martin all expressed serious concerns about long delays in investigations, particularly where the garda was suspended.

Mr McDowell, a former justice minister, said there appeared to be a “very serious hole” in the legislation, adding he cannot see how GSOC is “accountable to anybody”.

But the senators did not agree a garda should be notified they are under investigation, saying a member of the public would not be.

Fórsa, which represents Garda civil servants, strongly criticised laws proposing to bring them under police oversight.

Department of Justice official Anne Barry said they were moving away from the current system of GSOC investigation — whereby the criminal investigation is conducted first and then a disciplinary investigation — to one "formal investigation".

She said the law provided for a “judge-led” inquiry into GSOC officers and this would be expanded in the bill to include the office itself and its policies and practices.