In its Two Year Report (published today, 1 May 2008), the Garda Ombudsman Commission proposes ten legislative changes to the Garda Síochána Act 2005. From a human rights perspective, nine of those are unproblematic; however, the tenth – to amend section 94 of the Act to allow for the “leaseback” of cases involving criminal investigations – is of serious concern to the ICCL.
Speaking shortly after the release of the Ombudsman Commission’s report, ICCL Director Mr Mark Kelly said:
“No allegation that a member of An Garda may have committed a criminal offence is a minor matter. Indeed, a sequence of complaints regarding very minor criminality by a particular Garda member may indicate a major problem”.
“If there is a real danger that the Ombudsman Commission could become “snowed under” by the sheer volume of complaints regarding Garda criminality, the appropriate response is for the Commission to be given the additional resources that it needs to discharge its statutory functions. Any suggestion that complaints regarding Garda criminality could be “leased back” to the Garda themselves for investigation will only serve to undermine the high level of public confidence that the Ombudsman Commission currently enjoys”, he concluded.
Background information
The Garda Síochána Ombudsman Commission published two new reports today (1 May 2008) – its Second Annual Report: 2007 and Two Year Report.
The Irish Council for Civil Liberties considers that the Garda Ombudsman Commission constitutes the most significant advance in police accountability arrangements since the foundation of An Garda Síochána. Consequently the ICCL is supportive of any measures genuinely required to enhance the effectiveness of the Commission’s work, while safeguarding its independence and impartiality.