Reform bill won't oblige garda chief to co-operate speedily with policing watchdog

Justice Minister Simon Harris also defended sweeping powers in the Policing, Security and Community Safety Bill. File picture: Brian Lawless/PA

Landmark policing reform legislation will not oblige the Garda Commissioner to respond in a “timely manner” to the Police Ombudsman as it would interfere with his or her independence, Justice Minister Simon Harris has said.

The minister pointed out that a new internal Garda Board — to be set up under the proposed laws — will have a role in overseeing the commissioner’s co-operation with the external oversight body.

Separately, Mr Harris defended sweeping powers in the bill legally enabling An Garda Síochána to hide information or documents from a new watchdog for the security services if it believes it’s required to protect international security sources.

The minister was speaking at the Oireachtas justice committee which is carrying out hearings on amendments to the 268-page Policing, Security and Community Safety Bill.

Part of the bill involves the creation of a new governance and oversight structure for the organisation, including a new An Garda Síochána Board, an expanded Policing Authority (to be renamed the Policing and Community Safety Authority) and more powers for the new Office of the Police Ombudsman (replacing Gsoc).

Sinn Féin justice spokesman Pa Daly said the legislation places Gsoc under an obligation to work in a “timely manner”, but said gardaí are “under no obligation to co-operate” with Gsoc so that the watchdog can fulfil its obligation.

In its submission on the bill last February, Gsoc said: “Gsoc remains concerned that in the absence in this bill of an explicit obligation placed on An Garda Síochána for timely and full cooperation with the Police Ombudsman, the new body’s ability to meet the objective of timeliness and efficiency may be compromised. Gsoc is concerned that in this legislation, the Police Ombudsman is being held to a standard of ‘timeliness’ to which An Garda Síochána is not being held.”

Mr Harris said the bill states that the Garda Commissioner is independent in the performance of his or her functions and that one of those functions is to cooperate with the Police Ombudsman.

He said that under the bill the commissioner is accountable to the Garda Board for the performance of his or her functions and that that accountability includes his or her cooperation with the ombudsman.

Mr Harris said the bill obliges the commissioner to provide the ombudsman with information and documents “as soon as practicable”, subject to security considerations.

“So, this new governance structure is being introduced,” he said. 

I suppose what we’re trying to do is to define clearly and operationally the independence of the Garda Commissioner operationally, which is vital, and that that’s not impeded upon in any way that has the potential to limit his or her accountability. 

Mr Daly highlighted concerns regarding a provision limiting the powers of the Independent Examiner of Security Legislation, a new oversight body for security services, including An Garda Síochána.

He said security agencies will be legally empowered to withhold any information or document from the independent examiner if they believe it is needed to safeguard international intelligence sources or conceal identities.

Mr Daly said that similar examiner bodies in the UK and Australia did not have such limits, as detailed in interviews with those watchdogs in the Irish Examiner.

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Mr Harris said the restrictions were required to safeguard international intelligence relationships.

“I’m advised that the standard approach in the international intelligence community is to not disclose to any third party information received from an international partner without the source’s consent,” he said. “The third-party rule must be respected as it protects sources and guarantees trust among the intelligence services that co-operate with our state.”