The new Garda ombudsman body, to be established by the forthcoming Garda Bill, will be able to initiate investigations without receiving a complaint, The Irish Times has learned. Carol Coulter, Legal Affairs Correspondent, reports.
This is one of a number of new measures to be contained in the Bill, which will be published in the coming weeks. It will also provide for investigations to be carried out by officials with the full powers of gardaí, who will be able to refer files directly to the DPP, empowering him to proceed to prosecution.
The investigating body was initially described as the Garda Inspectorate, and will now be called the Ombudsman Commission. Mr McDowell has stressed recently that the proposed inspectorate would have the powers of an ombudsman, and this is now to be reflected in its title. It will be made up of three individuals, at least one of whom must be male and one female. Although provision will exist for replacing a judge appointed to it, this will not be a requirement of the legislation and it will be open to the Minister to appoint a non-judge.
The body is to have considerably more powers and scope than was outlined in the draft Heads of Bill published last July, and which have been criticised. Like the police ombudsman in Northern Ireland, it will have the power to initiate investigations without any formal complaint being made, if a possible offence comes to its attention. This could come through media or other reports.
It will also have the power to investigate policy and procedures within the Garda Síochána, in order to examine systemic failures and recommend solutions,another provision not present in the original Heads of Bill.
The investigating staff, likely to be drawn from a wide pool including retired members of the Garda Síochána, will be able to arrest and detain members of the force under investigation, enter premises, seize documents and take bodily samples.
If they conclude a crime has been committed, they will be able to refer the matter directly to the DPP, who can act on this straight away. The existing time limit on bringing prosecutions of six months, highlighted by the DPP as a problem in bringing prosecutions of members of the force, is likely to be extended to 12 months.
The Ombudsman Commission will also have a role in processing complaints against gardaí that do not amount to allegations of criminal behaviour. If the commission concludes that these complaints merit further action, it will hand them over to the Garda Commissioner, with specific recommendations on the action to be taken. There will be mechanisms for the commissioner to report back to the Ombudsman Commission on the action taken against the individual gardaí.
The Bill will also include enabling provisions for the introduction of new internal disciplinary procedures within the force, which will be outlined in new disciplinary regulations later in the year. Considerable work has already been done on these regulations under the previous Minister, Mr O'Donoghue, and it is expected they can be finalised later this year.
Meanwhile, the judge who highlighted disciplinary problems within the Garda Síochána, retired Circuit Court Judge Anthony Murphy, has called on the Minister to proceed resolutely whatever the views of the force on his proposals.
"He should say: 'This will be done whether you like it or not.' Nothing less will be satisfactory," Judge Murphy told The Irish Times.