The Irish Human Right and Equality Commission (IHREC) today published its recommendations on the Garda Síochána (Amendment No. 3) Bill 2014 (“The Bill”). The IHREC submitted these recommendations to Frances Fitzgerald T.D., Minister for Justice and Equality in accordance with its own volition powers under the Irish Human Rights and Commission Act 2014. The Commission has a strong mandate to promote and protect human rights and equality which includes examining any legislative proposal on its own initiative and providing its views to the Government on the implications for human rights and equality.
Emily Logan, Chief Commissioner of the Irish Human Rights and Equality Commission said: “The Garda Síochána (Amendment No. 3) Bill 2014 presents a crucial opportunity for Government to demonstrate its stated commitment to enhancing oversight and accountability within An Garda Síochána. We welcome in the Bill the conferral of additional powers on GSOC for criminal investigations, and the extension of the mandate of GSOC to examine Garda practices, policies and procedures at its own initiative. We also welcome the requirements for the timely supply of information to GSOC by An Garda Síochána.”
Ms Logan continued: “However, we are concerned that GSOC mandatory powers of investigation remain limited to a narrow range of cases involving ‘death or serious harm’. All other cases involving, for example, allegations of sexual offences or excessive use of force during Garda operations, may effectively be referred to the Garda Commissioner for investigation by Garda members. To remedy this deficit, the Commission recommends that mandatory investigations by GSOC should be broadened substantially to include all complaints made to GSOC, unless that complaint is suitable for a mediated resolution.”
Ms Logan said “The IHREC welcomes the proposal to bring the Garda Commissioner within the investigative remit of GSOC. In the Bill this new power can only be exercised by GSOC ‘subject to the consent of the Minister’. The IHREC recommends that it would be preferable that GSOC alone should determine whether or not to conduct an investigation into the activities of the Garda Commissioner.”
The IHREC is concerned at the continued involvement of An Garda Síochána in investigating serious disciplinary matters. Ms Logan said “The IHREC recommends that complaints relating to disciplinary issues should be formally investigated by GSOC unless suitable for a mediated resolution by GSOC officers.”
Another area of concern is the ongoing use by GSOC of police officers of An Garda Síochána during the course of its work, rather than its own independent pool of investigators. The IHREC recommends that the Bill should provide GSOC with the possibility to recruit independent investigators rather than designated Gardaí.
Speaking on the restriction of specific GSOC powers in the context of national security, Ms Logan said “The IHREC considers the restrictions of the functions of GSOC on grounds of national security are too broad, and limit the capacity of GSOC to provide full oversight. For example, currently GSOC can be refused access to designated Garda Stations on national security grounds. The IHREC recommends that alternative measures could be put in place, such as designating documents rather than an entire police station for the purpose of national security, and recommends that the restrictions under the 2005 Act be more narrowly defined to ensure adequate independent oversight.”
The IHREC also recommends the designation of GSOC as a fully independent body, with full accountability to the Oireachtas.
ENDS/
For further information please contact Fidelma Joyce, Irish Human Rights and Equality Commission, Tel: 01 8589601 Mob: 087 783 4939
Notes to Editor
- On 1 November 2014, the Irish Human Rights Commission (IHRC) and Equality Authority merged to form the Irish Human Rights and Equality Commission under the Irish Human Rights and Equality Commission Act 2014.
- The Irish Human Rights and Equality Commission submitted its recommendations on the Garda Síochána (Amendment No. 3) Bill 2014 to Frances Fitzgerald, Minister for Justice and Equality on 14 November 2014. These recommendations were submitted in accordance with section 10 (2) (c) of the Irish Human Rights and Commission Act 2014. The IHREC can of its own volition, examine any legislative proposal and report its views on its implication for human rights and equality. This statutory function is a key part of the IHREC’s overall remit to make recommendations to Government on measures to strengthen, protect and uphold human rights and equality.