Human rights body is deeply concerned at policing reforms 

The new bill, which runs to almost 270 pages, is aimed at implementing major reforms recommended by the Commission on the Future of Policing in Ireland, which reported in September 2018.

The State’s human rights body is deeply concerned at restrictions and obstacles placed on independent searches and inspections of Garda premises under landmark proposed legislation.

As the Policing, Security and Community Safety Bill begins committee stage today, the Irish Human Rights and Equality Commission (IHREC) says it is also alarmed at Government and ministerial intrusion into the independence of both An Garda Síochána and oversight agencies.

The new bill, which runs to almost 270 pages, is aimed at implementing major reforms recommended by the Commission on the Future of Policing in Ireland, which reported in September 2018.

The IHREC said it was concerned that, under the bill, the new Police Ombudsman, which will replace Gsoc, “must consult” with the Garda Commissioner before it can apply to the district court for a warrant to search a Garda premises.

“Although the consultation process with the Garda Commissioner is confidential, the mandatory statutory requirement of a pre-authorisation consultation for every search undermines the principle of an independent investigation,” the body said in its submission.

It has the potential to impede the effectiveness of an investigation, which may result in the loss of the element of surprise, or the loss of potential evidence.

The commissioner can object to a search on the grounds of “state security”.

This triggers a referral to the Independent Examiner of Security Legislation (a new oversight body of security), which in turn sends it recommendation to the Minister for Justice, who has the ultimate decision.

The IHREC said that the Police Ombudsman should be able to “apply directly” to the district court “without the need to consult with the Garda Commissioner or receive a direction from the minister”.

The body flags similar concerns in relation to inspections of police premises, despite provisions in the bill that the Policing and Community Safety Authority (which will merge the Policing Authority and the Garda Inspectorate) can conduct “unannounced visits”.

It said the authority must notify the Garda Commissioner of inspections, but there were no confidentiality provisions.

“With the mandatory requirement that the Garda Commissioner be notified, there is obvious potential for what was intended to be unannounced inspections to become announced,” said the IHREC.

Elsewhere, the IHREC has said that the independence of An Garda Síochána must be strengthened” and flagged concerns at the “level of ministerial discretion”, including the power to issue a directive to the commissioner on “any matter” — directives that must be complied with.

It said the level of Government involvement in the appointment of the new independent examiner was “deeply concerning”.

The IHREC is concerned at provisions confining the eligibility for the Independent Examiner to a senior judge, saying it should also include lawyers and legal academics.