Drew Harris concerned by enhanced powers for Garda watchdog

Garda Commissioner says he must protect constitutional rights of gardaí

Garda Commissioner, Drew Harris at the annual conference of the Association of Garda Superintendents in Naas, Co Kildare, on Wednesday. Picture: Colin Keegan/ Collins

Garda Commissioner Drew Harris is seeking changes to key legislation which plans to give extensive powers to the Garda Ombudsman.

The police boss said Garda members and civilian staff are citizens and have rights both under the Constitution and European laws and that, as their employer, he has an “obligation” to ensure those rights are respected.

The draft heads of the Policing, Security and Community Safety Bill was published last April and is a major piece of legislation aimed at implementing key recommendations of the Policing Commission report, published in September 2018.

This includes a reconstituted and empowered Garda Síochána Ombudsman Commission.

Speaking to media at the annual conference of the Association of Garda Superintendents (AGS) in Naas, Co Kildare, on Wednesday, the commissioner said he was in ongoing negotiations with the Minister for Justice and senior justice department officials about his concerns.

“The concerns that I have and I think they’re very legitimate concerns that are being voiced,” he said.

He stressed that he, and the organisation, supported oversight and accountability arrangements and said they were vital for public confidence.

The AGS expressed serious concerns at the conference at powers GSoc would have, including the authority to search Garda stations without a warrant.

AGS executive member Supt Declan McCarthy said: “There’s a section in this act which says that the authority may do anything it sees fit to allow to carry out its functions. Gsoc, under this act, will be able to enter Garda stations without warrant and carry out certain functions; searching and interrogating people, demanding names and addresses and such like.

If An Garda Síochána were given these sweeping unfettered powers, NGOs and the civil liberties groups would quite rightly be up in arms over it. And there’s no level of oversight in relation to these new powers being granted for these bodies.” 

Asked about these concerns, Commissioner Harris said: “There is provision within the heads that we have some concerns over just in terms the rights of individual members and I’ll be outlining those next Wednesday [to the Oireachtas Justice Committee].” 

He said gardaí and civilian staff were citizens and “entitled to the protections of the constitution and the European Convention of Human Rights”.

He added: “We wish to make sure that is respected and, in the end, I am their employer and have an obligation to protect their rights and entitlements as well.” 

Referring to the address at the conference from Edel Fox, the widow of deceased Detective Superintendent Colm Fox, who took his own life three years ago, the commissioner said he had met with the family and “listened  to their concerns”.

He said in response to that “tragic” case, and other cases, the organisation was “very much concerned” about stress levels in the force and the need to create a supportive workplace.