Gsoc alarmed at bill allowing Garda boss 'block' station searches

GSOC said giving the commissioner the power to block searches of garda stations 'seriously undermined' its independent oversight.

The Garda Ombudsman has expressed “serious concerns” at proposed laws which state that any search by it of a garda station must first get the green light of the Garda Commissioner.

Gsoc said that instead of strengthening its powers in this sensitive area, provisions in a landmark policing reform bill will actually result in a “significant dilution” of its search powers.

In a submission on the Policing, Security and Community Safety Bill 2023, Gsoc said giving the commissioner the power to block searches “seriously undermined” its independent oversight.

When the Government published the general scheme of the bill, in November 2021, it sparked very strong opposition from Garda Commissioner Drew Harris and garda representative bodies.

They argued that the general scheme — giving Gsoc the internal power to issue search warrants of a garda premises — breached the constitutional and human rights of gardaí.

The final bill was published last November and is due to be introduced at second stage in the Dáil next week by Justice Minister Simon Harris.

“Certain provisions within the draft Bill hand powers to the Garda Commissioner to block or overrule the operations and decision-making of the Police Ombudsman,” Gsoc said.

“Of particular concern are the provisions in the draft Bill for the search of Garda premises, which would now be subject to the authorisation of the Garda Commissioner.” 

Judicial oversight

In its submission, Gsoc said it was open to judicial oversight of searches, but added: “It would appear however, that in this draft legislation, judicial oversight has been introduced in addition to, rather than in place of, the requirement to consult with the Garda Commissioner.” 

It said the provisions oblige Gsoc to consult with the commissioner “before” seeking authorisation from the district court.

Gsoc is also concerned that the bill imposes “a degree of ministerial involvement” in both the governance and operations of the new Police Ombudsman, which it says is inconsistent with its independence.

It said this included provisions preventing the Police Ombudsman from laying annual reports, strategy statements, and other governance materials directly before the Oireachtas

In addition, it said the bill does not contain an “explicit obligation” on An Garda Síochána to cooperate fully and promptly with the Police Ombudsman.

Gsoc Chairperson Judge Rory MacCabe also raised the issue of resources: “If the expansion of the new Police Ombudsman’s role is not matched by a commensurate increase in the resources needed, the ability of the new Ombudsman to deliver the service that the legislation envisages will be compromised. 

"Failure to resource the new body properly in effect sets it up to fail.”