Proposals to give stronger powers to the Garda Síochána Ombudsman Commission, including the ability to take the Garda to court to force it to surrender evidence, would be considered by the Government, Minister for Justice Frances Fitzgerald has said.
Gsoc had complained in recent days that the Garda was still too slow in complying with requests for information and evidence, especially when serious complaints about its members were being investigated.
However, Ms Fitzgerald believed the situation had improved. “If further legislative powers are necessary I’ll certainly examine it,” she said of Gsoc’s request.
"We have a new chairperson in Judge Mary Ellen Ring.
She’s very experienced and I’ll be listening very carefully to any recommendations she has about improving the legislation.
“But in the meantime what I want to see is good co-operation between the two bodies.”
Judge Ring on Tuesday told the Joint Oireachtas Committee on Justice that Gsoc needed a range of more efficient and stronger powers.
Dependent
It wanted the ability to decide what complaints should be dealt with informally and to be able to apply to the courts for orders forcing the Garda to surrender evidence.
It said it was still overly dependent on the goodwill of the Garda, which was not always forthcoming.
Garda Commissioner Nóirín O’Sullivan pointed out there was a 90 per cent compliance rate in responding to requests for documents and other evidence from Gsoc in the timeframes set down by legislation.
While any review of the Garda Síochána Act would be welcome, she suggested Gsoc already had a strong hand for investigating complaints made about members of the force.
“I think what’s really important is to remember the ombudsman commission, when conducting investigations into serious matters, have all the powers of An Garda Síochána; the ability to obtain warrants etc.”
When Gsoc inquiries took a long time to complete it was frustrating for the complainant and the gardaí at the centre of the complaints, she said.
Asked if she accepted the criticism by Gsoc that the Garda was delaying in its co-operation with investigations, she reiterated the force’s high compliance rate with requests from Gsoc.
Unavoidable
“Sometimes there are unavoidable delays in being able to provide some of the information that is being looked for.
“But whatever we can do to work with the ombudsman commission to improve the system, we are committed to doing that.”
Both the Commissioner and Ms Fitzgerald were speaking to the media at a ceremony at the Garda College, Templemore, Co Tipperary, where awards for bravery were presented.
