Irish Council for Civil Liberties press release, for immediate release
Tuesday 1 July 2014
Ireland’s human rights watchdog, the Irish Council for Civil Liberties (ICCL) has welcomed reports today (Tuesday 1 July 2014) that the Cabinet has approved heads and a General Scheme of the Garda Síochána (Amendment) Bill 2014, including a number of reforms to the remit, functions and operation of the Garda Síochána Ombudsman Commission (GSOC).
The Department of Justice’s press release today refers to a number of important measures to both widen and deepen the powers of GSOC to independently investigate members of An Garda Síochána, which, if enshrined in law, would enhance Ireland’s police oversight and accountability structures.
“The positive reforms in relation to GSOC that the Minister has described today broadly mirror the measures recommended by the Irish Council for Civil Liberties in its submission to the Joint Oireachtas Justice Committee last April. The ICCL looks forward to reviewing the full text of the heads and General Scheme of the new Bill and is encouraged by the speed with which the Minister is pursuing the “sea change” in Garda accountability that she announced on her appointment”.
ENDS
Walter Jayawardene,
Communications Manager
Irish Council for Civil Liberties
Tel. + 353 1 799 4503
Mob: +353 87 9981574
E-mail walter.jayawardene@iccl.ie
Note to editors
– The ICCL’s submission to the Oireachtas Committee on Justice outlining the need for Garda reform, including reform of GSOC, can be read here.
– The Department of Justice press release announcing the measures, including extracts from the draft legislation, can be accessed at http://www.justice.ie/en/JELR/Pages/PR14000177
– The Draft heads of Garda Síochána (Amendment) Bill 2014, as published today in the Department of Justice’s Press release, are:
Head 2 extends the general time limit for making a complaint to GSOC from six to twelve months. This brings the situation into line with the arrangements in Northern Ireland but it does not alter the current position under which it is open to GSOC to extend the time limit if it considers that there are good reasons for doing so.
Head 3 permits GSOC to undertake the interception of communications and electronic surveillance in carrying out criminal investigations in respect of Garda personnel. These are powers that are not available to GSOC at present.
Head 4 confirms that a GSOC investigation may be carried out under section 102 of the 2005 Garda Act where the identity of a specific Garda member may not be initially known or where a non-Garda could also be involved. This matter was subject of a recommendation of the Cooke Report.
Head 5 enables the Minister to refer certain matters relating to criminal or other serious misconduct on the part of the Garda Commissioner to GSOC for investigation and it will also be open to the Ombudsman Commission to initiate an investigation into such misconduct on its own initiative. However, the conduct that may be investigated under the new arrangements will not include the exercise of the general direction and control functions of the Commissioner. Oversight of such matters will be considered in the Bill on the proposed new Garda Authority.
Head 7 will permit GSOC, for the first time, to carry out an examination on its own initiative into a Garda practice, policy or procedure. Currently, it can only do this with the Minister’s approval.
Head 8 provides for a statutory obligation for sharing of information between Gardai and GSOC. This has been requested by GSOC and it is a matter that was identified for attention by the Government on foot of the Cooke Report.
Head 9 opens the way for the Garda Inspectorate to conduct investigations or inquiries on its own initiative.