Seanad calls for action to be taken on escalating garda roster dispute

The mammoth bill details a range of reforms to the internal governance structure of An Garda Síochána and wholesale changes to external oversight. Picture: Dan Linehan

Concerns were expressed in the Seanad today at the powers in proposed legislation being given to Garda oversight bodies including a new national security watchdog.

In the presence of Justice Minister Helen McEntee, a number of senators also expressed alarm at the ongoing, and escalating garda roster dispute, and called for action to be taken.

Ms McEntee was addressing the Seanad for the second stage reading of the Policing, Security and Community Safety Bill 2023.

The 270-page bill, passed by the Dáil last July, is a landmark piece of legislation which aims to introduce many of the recommendations of the Commission on the Future of Policing in Ireland (CoFPI), which was published in September 2018.

The mammoth bill details a range of reforms to the internal governance structure of An Garda Síochána and wholesale changes to external oversight, including the creation of a new Independent Examiner for Security.

The bill received general support from among senators as well as from the Irish Council for Civil Liberties (ICCL), which published a submission on the legislation.

But Labour senator Marie Sherlock said she and her party had “very grave” concerns at the potential dilution of the Policing Authority in its external oversight.

She said the strengthening of internal oversight – through the creation of a Garda Board – should not be at the expense of external oversight.

Ms Sherlock said the bill comes in the midst of a “serious crisis” in An Garda Síochána and said “morale is on the floor” among frontline members.

Independent Senator Lynn Ruane said she hoped senators would be given enough time to examine the bill. She expressed concern over the powers given to both the Garda Ombudsman and the Policing Authority and said it was “critical” the ombudsman for properly resourced.

She said the bill “directly contravenes” the CoFPI in that it allows gardaí to continue prosecuting in the district court, something the commission said should be given to an expanded prosecution service.

Justice minister Helen McEntee speaks to the media at the Association of Garda Superintendents conference at Killashee House in Naas, Co Kildare.

Fianna Fáil Senator Aidan Davitt said individual gardaí he had spoken to had told him “they can’t wait to get out” of the force. He hoped the bill could help gardaí.

Fianna Fáil Senator Lisa Chambers said the backdrop to the bill was “strike action” by gardaí and said she supported gardaí on the frontline.

She said the “vast majority” of gardaí were not happy with what was proposed in the roster and said the dispute “needs to get sorted and get sorted quickly”.

Ms Chambers said the Garda Commissioner had reassured the Government that there won’t be an issue with policing.

She said she hoped that gardaí who were taking action would not be ordered to do overtime, saying that would only “escalate matters”.

Fianna Fáil Senator Robbie Gallagher suggested to the Minister that she “consider appointing a mediator” to mediate between both sides, saying there was a “very serious impasse”.

A number of the senators raised the status of civil servants who were being made public servants in An Garda Síochána under the bill, with concerns over their terms and conditions.

Responding, Minister McEntee moved to assuage those concerns and said she would be engaging with the Fórsa trade union in a number of weeks.

She said that while there were provisions in the bill to allow gardaí continue prosecutions she was working on presenting findings of a high-level group on this issue, which she said reported last December, to the Cabinet soon.

The bill is set for committee stage in the Seanad next Tuesday.

In its submission, the ICCL said it broadly welcomed the bill, but called for even more powers for the ombudsman and the authority.

It said it was “extremely concerned” that the bill provides for a “potentially toothless body” in the new Independent Examiner of Security Legislation, saying it will not have the power to access all information and documents, unlike similar bodies in Britain, Northern Ireland and Australia.

It said the provisions provide a potential “shield” to An Garda Síochána as regards national security operations that rely on intelligence from abroad.