A charter to provide protection for people reporting incidents of corruption and malpractice in An Garda Síochána was published yesterday by Minister for Justice Michael McDowell.
The draft regulations will provide for gardaí or civilian employees of An Garda Síochána to report corruption or malpractice which comes to their attention.
The Irish Council for Civil Liberties (ICCL) welcomed the announcement, saying they had been calling for such measures since the publication of a Morris tribunal report in August 2006, in which the need for a confidential reporting mechanism for Garda staff was made clear.
"It is a very positive step that the Tánaiste has decided to publish these draft regulations, which we will study carefully," Mark Kelly, ICCL director, said. The ICCL "hopes that the Tánaiste's openness will be matched by the Garda Commissioner when the time comes to formalise the Garda's own good faith/whistleblowers' charter early next year," he added.
Consultation with the Garda associations, which have supported the introduction of such a system, will begin shortly.
The regulations will then go to the Garda Commissioner to finalise a formal charter which is likely to come into effect early next year.
The charter will form a key part of the overall reform of policing accountability.
"The vast majority of gardaí do their work honestly and conscientiously with a great spirit of public service," the Minister said, following the publication of the regulations.
"This new charter will protect conscientious gardaí who seek to do their duty and expose wrongdoing. It will mean an end to the cover-up and collusion witnessed in cases in the past. No longer will misplaced loyalty to corrupt bullies be allowed to supplant the loyalty all gardaí owe to the law, the people and An Garda Síochána."
Last August the Morris tribunal recommended that it should be possible for any serving member of An Garda Síochána to speak in confidence with a designated officer in Garda headquarters if they have concerns about misconduct.
Mr McDowell said the regulations published yesterday go well beyond the tribunal's recommendation. They provide that:
Civilian employees as well as sworn members of An Garda Síochána will be able to make confidential reports to an independent person appointed by the Minister.
The regulations also provide for the appointment of internal reporting points within An Garda Síochána.
Provision is also made for the independent Garda Ombudsman Commission to be kept fully informed of all investigations into confidential reports of corruption and malpractice.
The Garda Inspectorate will also be informed of reports relevant to its remit.
Mr McDowell said that if the person making the report acts in good faith, and has reasonable grounds for believing that corruption or malpractice is afoot, they will enjoy the protections provided by the regulations.
However, a person who knowingly or maliciously makes a false report will not enjoy those protections, and can be disciplined for making a false report.
People reporting corruption and malpractice will be guaranteed that their identity will be protected in most cases. Only in exceptionally limited circumstances will it be disclosed, where it is necessary for tackling the corruption or malpractice.
People in the force cannot be disciplined for making a confidential report, and anyone who seeks to bully or intimidate them will be subject to disciplinary action.
