Board must be totally independent

A lack of resources, and defects in the structure of the Garda Síochána Complaints Board underline the need for a radical overhaul of the current system for dealing with complaints about the force by the general public.

As the above that criticism emanates from the chairman of the that board, solicitor Gordon Holmes, it warrants weighty consideration by the Government, because public confidence in the Gardaí is vital.

He made his comments yesterday on the publication of the board's annual report, which showed that there were a record number of complaints received last year.

There were 1,405 complaints, 10% higher than the previous year, and it would seem that the increase was largely due to the disturbances which broke out during the 'Reclaim the Streets' rally in Dublin.

Just over half of the complaints were deemed to be inadmissible, while gardaí were cautioned in only two of 16 complaints referred to a tribunal of investigation. 15 complaints were referred to the Garda Commissioner for minor breaches of discipline.

As Mr Holmes criticised existing legislation and the lack of resources which had impeded the board from carrying out its statutory role in recent years, he insisted a totally independent tribunal system was vital.

Minister for Justice Michael McDowell had an opportunity to address that issue in the Garda Bill; his solution is the establishment of a Garda Inspectorate.

While reform of the existing board is needed, the Minister's preference for an inspectorate rather than a garda ombudsman has already been widely criticised.

Yesterday, Mr. McDowell said he intended to bring forward legislation to establish a fully independent body with all the powers of an ombudsman before the Dáil resumes next year.

It is perplexing why he should stop short of opting for an actual ombudsman, which would be the most transparent and practical way of reassuring the public and it would be of benefit to gardai.

Given that under the Minister's Garda Bill, severe sanctions can be invoked against members of the force for leaking information to the media, it would most definitely be in their interests to have a totally independent avenue of appeal.

Replacing the present board is to be welcomed, and it affords an opportunity to improve an inadequate system, but the Minister's proposals fall short of expectations.

The Human Rights Commission (HRC), the State's official human rights watchdog, has already stated that a garda inspectorate could "seriously undermine" the effectiveness of the Garda Síochána, and are calling instead for the establishment of a garda ombudsman, which would have more powers and greater independence.

The HRC has also added its criticism of the proposal to criminalise gardaí for leaking information to journalists, and warned that any restrictions must be proven to be necessary in a democratic society, and penalties must be proportionate to the offence.