A draft bill for the establishment of a new independent Policing Authority has been published this afternoon. The new authority will create an additional level of oversight between the police force and politicians and comes as a response to the recent crises which surrounded the Garda Síocháná and Minister for Justice, following the allegations from Sgt. Maurice McCabe against senior Gardaí.
The ‘General Scheme of the Garda Síochána (Amendment) Bill 2014’ paves the way for a new Authority to bring a new level of public oversight to the workings of the Garda Síochána, while also holding the power to request GSOC investigate matters they are concerned with in the force.
Minister for Justice and Equality, Frances Fitzgerald T.D., called the independent Policing Authority, “the most far reaching reform of An Garda Síochána since the foundation of the State.”
“The new independent Policing Authority will bring a further layer of public accountability to the administration of policing services, while it will also provide a new engine to drive reforms of the policing system and practices,” Ms Fitzgerald added.
The Authority will replace the Minister for Justice as the person who the police force reports to in relation to policing matters.
This step aims to add an additional level of public oversight to policing. It comes following the controversy which surrounded the perceived close relationship between former Minister for Justice Alan Shatter and former Garda Commissioner Martin Callinan, and which was accused of leading to failings in oversight of the police force at the time of whistleblowers such as Sgt. McCabe coming forward.
“In particular, the new Authority will be tasked with holding the Garda Commissioner to account in relation to all policing services while developing a key role in the future appointment of senior Garda Management,” Ms Fitzgerald said.
On security matters the force will still report directly to the Minister.
"As national security is a vital function of Government, it is proposed that under the new oversight arrangements the Garda Commissioner will report to the Policing Authority in respect of policing matters and to the Minister for Justice in relation to security matters," a statement from the Department of Justice and Equality said.
The authority will comprise a chairman and eight ordinary members. The Government will appoint the chairman, while the eight ordinary members will be chosen by the Government following the holding of a selection competition run by the Public Appointments Service (PAS). A resolution of both Houses of the Oireachtas agreeing to the appointments is required.
The Authority will have the power to request GSOC investigate allegations of Garda misconduct or any other issue related to policing that may be of concern. The Authority can request GSOC investigate issues in relation to the Garda Commissioner, but this request must first be approved by the Minister for Justice.
Within 12 months of its establishment the Authority will have to publish a code of ethics, covering standards of conduct and practice, for Gardai.
The Authority will have a key role in the future appointment of senior garda positions.
The Bill can be read in full here.