Minister for Justice Frances Fitzgerald has said that “substantial changes” are needed “better meet the realities, challenges and expectations of 21st century policing”.
Addressing the Law Society of Ireland in Dublin today, Ms Fitzgerald said: “We are at a unique and pivotal point when it comes to policing in Ireland.”
“In some cases this may involve confronting deficiencies and challenging bad practices. We are starting with major changes to the administration and oversight of policing and further changes will inevitably follow,” she said.
Ms Fitzgerald said legislation for the establishment of an Independent Policing Authority would be introduced and enacted in the current Oireachtas term. “The new authority will bring a new layer of public accountability and transparency to the administration and oversight of policing in this state, including the important matter of making appointments to senior Garda ranks,” she said.
Ms Fitzgerald said legislation will be introduced in the Oireachtas this month that will strengthen and clarify the powers and remit of the Garda Síochána Ombudsman Commission (GSOC).
She said the Protected Disclosures Act 2014 which became operational in Julyhas inserted a section into the Garda Síochána Act 2005 to allow members of the Garda Síochána to make “protected disclosures” to GSOC in confidence in respect of alleged Garda misconduct.
“An independent review mechanism has been established to review complaints alleging Garda misconduct or inadequacies in the investigation of such
allegations,” she said.
Ms Fitzgerald added that the gardaí would be included in the Freedom of Information Bill, which is expected to be enacted quickly.
She said she was in favour of supervised community sanctions for those convicted of lesser, particularly non-violent offences, which can help reduce reoffending.
“I have always believed that if prison is the only answer, society is asking the wrong question,” she said.
She cited recidivism studies by Central Statistics Office have shown that offenders who received either a Probation Order or a Community Service Order, reoffended at half the rate of those who received a custodial sentence.
Ms Fitzgerald said the Community Return Programme which grants reviewable temporary release coupled with a requirement to do community service in a supervised group setting is working and “ delivers real and tangible benefits to the State”.
Ms Fitzgerald said she will proceed with a bill to strengthen the legislative
framework for supervised community sanctions due to the success of the community return programme
Chief commissioner (designate) of the Irish Human Rights and Equality Commission (designate) to the Criminal Justice and Human Rights Conference today organised by the IHREC designate and the Law Society at Blackhall Place.
Chief commissioner of the Irish Human Rights and Equality Commission Emily Logan told the event that accountability and effective oversight in the policing structure of the State was “a core theme of human rights law”.
“Numerous recent events have given rise to considerable public disquiet surrounding the operation of the policing function and this has brought us to what the Government has described as a “pivotal juncture” in Irish policing.
“The independence of the police service from executive control is central to the public credibility of the police service and to its capacity to effectively protect human rights more generally,” she said.
Ms Logan said the commission welcomed the number of positive proposals to extend the powers of GSOC, but said concerns remained.
“There are remaining human rights concerns relating to GSOCs mandate that have not been addressed in the Bill, in particular relating to restrictions on the compellability of certain evidence and the ability of a GSOC designated officer to search Garda stations on national security grounds.
“The commission has previously made clear recommendations on the types of alternative measures that could meet these national security concerns, without hampering the independent oversight and investigation of GSOC.”
She added that it would be important that the proposed independent Policing Authority “should not encroach or undermine the work of GSOC, but should complement and support it”.