Report contains most far-reaching plans in 75 years for Garda review

The report on the efficiency and effectiveness of the Garda Siochana published by the Minister for Justice yesterday contains…

The report on the efficiency and effectiveness of the Garda Siochana published by the Minister for Justice yesterday contains the most far-reaching proposals on the reform of the force since its creation 75 years ago.

Like some of the far-reaching changes to the criminal justice system introduced last year such as the seizure of criminal assets and the use of "accomplice witnesses" in cases involving organised crime, the review has its origins in the State's reaction to the murder of the journalist Veronica Guerin.

That murder has prompted the most fundamental changes in criminal justice and policing. By the end of the process, the State will have a dramatically changed Garda force with far greater powers to detain, question and convict suspected criminals.

The efficiency and effectiveness report was initiated by the last government as part of its reaction to Ms Guerin's murder. It was initially opposed by some senior gardai who said there had just been a three-year consultants' review of the Garda's organisation in line with the introduction of new computer-information systems.

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Mr O'Donoghue said yesterday the Government had accepted the principal proposal for a "bottom-up review" which could take up to three years to complete, according to senior Garda sources.

The review will address fundamental matters such as the relationship between the Garda and government. Legislation is likely to emerge to regularise the new relationship which will emerge.

Under the proposals, the Garda Commissioner will gain autonomy over budgets. Under the new regime where he or she will have "control and accountability", the Commissioner will have to produce a policing plan each year. This will require the drawing up of a new Garda Siochana Act to replace the 1922 legislation.

There are three major areas affecting the operational, organisational and financial aspects of the Garda and the proposed changes that could take years to complete.

It is clear the review will require major funding. However, senior sources say if it is implemented it will create greater efficiencies.

Mr O'Donoghue said a "steering sub-committee" would be set up to deal with negotiations with the Garda staff associations on pay increases in line with the implementation of new work practices. It is understood the associations will seek a major pay increase as a price for the changes, particularly to rostering arrangements in Dublin where officers are likely to lose out on overtime payments.

Mr O'Donoghue said there would be no closure of Garda stations despite the proposals in the report that some stations in Dublin should be closed to increase efficiency. Senior gardai want some of the 43 stations in the city which open for 24 hours a day, 365 days a year, to be closed at night to free officers for anticrime work.

However, it is accepted there would be a political price to pay. Officers say it is unlikely the minority Government ail, would be prepared to close any stations. Senior gardai estimate that 400 to 500 officers could be freed from station duty and transferred to more important anti-crime work in the city every night under the implementation of new shift systems.

The report contains a number of proposals for major changes concerning the arrest and detention of suspects. Mr O'Donoghue said he supported the proposal to remove the 12-hour limit on the time that gardai can detain a murder suspect (where a firearm is not used). Instead they will be able to hold a suspect of a murder for 48 hours for questioning.

A significant proposed change in the legal framework for arrest concerns "station bail", where gardai can arrest a suspect for questioning then release him and re-arrest him later for further questioning. This process, which is identical to the powers given to British police under the Police and Criminal Evidence Act, would be subject to a maximum time limit.

This power is something gardai investigating major crimes such as murder have been seeking for many years.

Many detectives speak of the frustrating experience of being able to detain a murder suspect once for a limited period of questioning and then being prevented by law from ever questioning the suspect again even if important new evidence comes to light.

Main Poings

A major review of the force, possibly lasting three years.

changes in rostering arrangements in Dublin to free gardai for anti-crime work.

Greater accountability for the Garda Commissioner.

The Commissioner to have control of budgets and to produce an annual policing plan.

Changes in the legal framework allowing longer detention of suspects.

Greater powers for gardai to search for and seize evidence.