Rights group says new Policing Bill is ‘missed opportunity’ to ensure proper Garda oversight

The Irish Council for Civil Liberties (ICCL) has written to the Oireachtas Justice Committee urging them to ensure that new proposals for improved Garda oversight are strengthened.

The Policing Security and Community Safety Bill is before the Oireachtas Committee on Wednesday and includes the establishment of a Police Ombudsman to replace the Garda Síochána Ombudsman Commission (GSOC), as well as an expanded Policing and Community Safety Authority, and a new Independent Examiner of Security Legislation.

ICCL said that new Garda oversight bodies must have the powers and independence to ensure Gardaí operate within the law and with respect for human rights.

ICCL Head of Legal and Policy, Doireann Ansbro, said today:

“After two decades of scandals in Irish policing and the report of the Commission on the Future of Policing in Ireland, this legislation presents a final opportunity to strengthen oversight of the Gardaí.

“Government must ensure that the new oversight bodies have the independence and the powers to do their job.

“The new Independent Security Examiner in particular must have access to all relevant information. Otherwise, their role will be little more than symbolic.”

“The creation of a new Independent Examiner of Security Legislation is a welcome and necessary development.

“For too long there has been a gap in oversight over anything done in the name of national security.

“However, the Bill creates exceptions which mean Gardaí can avoid scrutiny for anything that might affect “international intelligence sources” or “the identity of a person”. ICCL considers these exceptions far too broad and says they must be removed.

ICCL said the Bill must be amended to ensure that the new Police Ombudsman which will replace GSOC is fully independent and has the powers to properly investigate complaints against Gardaí, including the right to search Garda stations. In creating the new Police Ombudsman, existing powers should not be watered down.

Doireann Ansbro added:

“Independent, effective investigations into complaints against Gardaí and oversight of Garda compliance with human rights are crucial if we are to restore and build trust and confidence in our police service. This means oversight bodies must have adequate resources, effective powers of investigation and human rights expertise. Welcome changes are already taking place within An Garda Síochána, but the necessary transformation of Irish policing cannot take place unless we create stronger oversight bodies.”

ICCL also said the Commission on the Future of Policing couldn’t have been clearer regarding the need to take prosecution powers away from Gardaí. Independent prosecutors should take cases, not the same people who investigate the case. Otherwise, a key check on Garda powers is lost. This Bill should be the place we take prosecution powers away from Gardaí and give them to prosecutors. Unfortunately the Bill is retaining these powers in direct contravention of the Commission’s recommendation.

ICCL also raised the need for An Garda Síochána to start collecting and publishing data on its interactions with different minority groups, such as migrants and the Traveller community.