Garda Síochána statement in full
Garda Siochana Complaints Board Annual Report, 2006
Please be advised that the Garda Commissioner Mr Noel Conroy received a copy of the Garda Siochana Complaints Board Annual Report for the year 2006, yesterday evening (1st August). The report has been studied by the Garda Commissioner and his senior management team and the various observations expressed in the report will be given due consideration when policy is being formulated in the affected areas.
The Commissioner would like to take this opportunity to thank the Board Chairman Dr. Gordon Holmes and all members and staff of the Board.
The Garda Siochana has maintained excellent relationships with the Board through the years since it's inception and the Commissioner himself enjoys a close professional working relationship with Dr. Holmes.
The Commissioner would also like to thank the Chairman and the Board for the many remarks mentioned throughout the Report reflecting well on the excellent work undertaken by members of An Garda Siochana in difficult times.
A number of issues are highlighted in the Report, many of which have been featured throughout the media, which the Commissioner feels he needs to address.
Section 7.4 of the Garda Siochana (Complaints) Act, 1986 provides for the Board to refer complaints to the Commissioner where the Board are of the view that a breach of discipline may be disclosed and if so, that such a breach was of a minor nature. This is not a determination by the Board and it falls to the Commissioner to cause further enquiries to be carried out to finally determine whether or not a breach of discipline occurred.
On receipt of complaints under Section 7.4 the Commissioner causes a review of the investigation to be undertaken. As part of that review, the Garda member complained of is afforded an opportunity to make further submissions, whether or not this has been availed of previously. This follows the accepted legal principles of fair procedure and due process. Any other factors affecting the issue are also considered.
At the end of that process, the Commissioner makes a final determination and if he is satisfied that a breach of discipline has occurred may deal with the matter by way of advice, admonition or caution, in accordance with the law and the recommendations of the Board.
Of the 63 cases referred to the Commissioner under this section in 2006, the Commissioner took disciplinary action against the member in 35 cases, eight (8) remained ongoing at years end. In the remaining 20 cases, the Commissioner's decision following full review (as outlined above) was that no disciplinary breach was disclosed and no disciplinary action was warranted or could be supported.
Contrary to what is stated in the Chairman's Introduction, the Commissioner does not have a right of veto over any decision of the Board nor has he any legal basis for overruling or overturning such decisions. In the case of Section 7.4 complaints, the matters are referred to the Commissioner without a final determination by the Board.
The Chairman also notes in his Introduction that the Gardai have an inability to apologise for mistakes. This is rejected by An Garda Siochana. In many instances, individuals or the organisation, have apologised for wrong-doings.
However, in each case, the Garda Siochana, as with all other agencies, are guided by their legal advisors. Where actions by members of An Garda Siochana are genuinely bona fide mistakes the Gardai have no problem in apologising, provided such an apology does not in any way affect any future legal proceedings.
The Chairman is critical in his Report on the small number of complaints which are resolved through Informal Resolution due to the fact that in the main, members of An Garda Siochana refuse to accept the facility afforded to them through the Informal Resolution process. The Garda Siochana (Complaints) Act, 1986, allows for members of An Garda Siochana to opt for or refuse Informal Resolution. This is a legal entitlement and whether or not they avail of this option is entirely a matter for each individual.
The Report states that in decisions taken in 2006, a total of 814 complaints were deemed admissible, an increase from 650 in 2005. The Commissioner is disappointed with this increase and does not condone discourteous behaviour, abuse of authority or in any way the misuse of powers by members of An Garda Siochana.
In an effort to increase the general standard of service delivered to the public, emphasis on this aspect of police work is a feature both at initial Student / Probationer Training and through the network of Continuous Professional Development (CPD) courses undertaken by Gardai throughout the course of their careers. This is also addressed by the Commissioner personally at Attestation and Graduation Ceremonies at the Garda College.
While the level of complaints are a cause of concern to the Commissioner, this statistic must be put in context. In 2006, members of An Garda Siochana had in excess of 1 million interactions with members of the public, with less than 0.1% resulting in admissible complaints. This compares to approximately 700,000 interactions in 2005, which resulted in approximately the same percentage.
The Garda Commissioner and his management team, along with all members of An Garda Siochana, are committed to improving the standards adopted by our organisation. There is nobody with a greater vested interest in dealing with wrongdoers in An Garda Siochana than the Garda Siochana itself.
As stated in the Garda Siochana Annual Report for the year 2006 (see www.garda.ie), and separate from the Garda Siochana Complaints Board process, seven (7) members of An Garda Siochana were dismissed by the Commissioner as a result of internal disciplinary investigations and a further 94 members were subject of a disciplinary sanction.