Dáil and Seanad Resolutions re

Appointment of Chairperson of the

Garda Síochána Ombudsman Commission

Consideration by Joint Committee on Justice, Defence and Equality

15 July 2015

Mr. Chairman, I’m very pleased to be here today with the Committee members to discuss the nomination of Judge Mary Ellen Ring for appointment by the President to the position of Chairperson of the Garda Síochana Ombudsman Commission.

 

I believe that Ms Justice Ring will be an excellent Chairperson of GSOC  The Government is proposing Ms Ring to fill the the vacancy for Chairperson of the Ombudsman Commission arising from the resignation of the previous Chairman, Mr Simon O’Brien, at the end of January.  Mr O'Brien resigned to take up an appointment as Chief Executive of the Pensions Ombudsman Service in the UK.  He had been appointed Chairperson of GSOC with effect from 13 December 2011,  together with Ms Carmel Foley and Mr Kieran FitzGerald as members, for a period of five years.

 

The Garda Ombudsman Commission was set up under the Garda Síochána Act 2005 to provide a system for receiving complaints and dealing with allegations of Gardaí misconduct. The Ombudsman is required to   carry out its investigations  in a manner that is efficient, effective and fair to all concerned and to promote public confidence in the process for resolving these complaints.

 

Independence is the cornerstone of GSOC’s existence and is statutorily guaranteed.   Consequently, its investigators are given similar powers to those given to Gardai, including the power to arrest, detain and question.

 

In addition to investigating complaints against Garda members, GSOC may also initiate investigations in the public interest including in situations where no complaints have been made.

 

Committee members will know that I recently laid the Annual Report of GSOC for 2014 before both Houses.   The year 2014 was a particularly challenging year for GSOC.  It was the subject of much political and media commentary, and some controversy.  Notwithstanding these pressures, 2014 was also a busy year for GSOC.  The Annual Report states that GSOC received 11% more complaints in 2014 over 2013 and concluded 8% more cases in 2014 compared with 2013.

 

I was particularly pleased to read in the Report that there was a marked improvement in efficiency and in dialogue and cooperation with the Garda Síochána. This would suggest that the revised 2013 protocols between GSOC and the Garda Commissioner are working and, while there may be room for further improvements in the turn around of investigations, I have every confidence that this is now a shared objective of both organisations.

 

Reform in the criminal justice area is a priority for this Government.

 

The Garda Síochána (Amendment) Act 2015 which is now fully in force has already expanded the remit and powers of GSOC, including bringing the Garda Commissioner within the scope of its investigative power, and has expanded the time within which persons can bring complaints to the Ombudsman Commission.

 

Further reforms for GSOC are also included in the Policing Authority Bill which has already passed all stages in the Seanad and is awaiting debate in the Dáil.  This Bill represents a fundamental reform of policing in Ireland through the establishment of an independent Policing Authority to oversee the performance by the Garda Síochána of policing services.  The Bill will also amend legislative provisions related to the operation of GSOC to facilitate informal resolution of complaints against Gardaí and permit the Policing Authority to request GSOC to examine practices, policies or procedures of An Garda Síochána with a view to preventing complaints arising.

 

At this stage I should set out for the Committee some of the relevant legislative provisions governing appointments to the Ombudsman Commission.

 

Section 65 of the Garda Síochána Act 2005 provides that appointments to the Ombudsman Commission are made by the President, on the nomination of the Government and the passage of resolutions by Dáil and Seanad Éireann recommending the appointments. The section also states that a judge of the High Court, Court of Appeal or Supreme Court may be appointed as Chairperson.   The section further provides that where a judge is appointed to this role, he or she will not be required to carry out his or her judicial functions while Chairperson.

 

While  appointments to the Ombudsman Commission  can be for a term of between 3 and 6 years, under  section  66 (6) of the Act the person appointed to replace Mr O’Brien will serve out the remainder of the term of Mr O’Brien. Accordingly, Ms Ring’s term of office will expire on 12 December, 2016. Members are eligible for re-appointment.

 

The Government, at its meeting of 30 June, 2015, decided to nominate Judge Mary Ellen Ring to be Chairperson of the Garda Síochána Ombudsman Commission following her nomination for appointment to the High Court.  Ms Justice Ring was appointed a judge of the High Court by the President on Thursday, 9 July 2015 in Áras an Uachtaráin.  Her swearing-in ceremony before the Supreme Court took place on Monday 13 July.

 

Ms Justice Ring has extensive experience as a practicing barrister and as a judge of the Circuit Court which make her very well qualified for the position of Chairperson of the Ombudsman Commission.   She has also served in positions on the National Crime Council between 1999 and 2005 and chair of the Irish Women Lawyers Association in 2008.  She has been a member of the Irish Penal Reform Trust and the Irish Council for Civil Liberties.

 

As I have said already I believe she will make an excellent Chairperson of GSOC and I have no hesitation in recommending her accordingly.

 

Ms Justice Ring will work alongside the other members of the Commission, Ms Carmel Foley and Mr Kieran Fitzgerald.  I believe that the combination of the skills and experience of the three Commissioners will provide the Garda Ombudsman Commission with strong and effective leadership.

 

As a society we look to An Garda Síochána, the guardians of the peace,  to create and maintain an environment where people can go about their daily lives free from threats of criminality.  Where such criminality does arise we look to An Garda Síochana to investigate and bring the perpetrators to justice.  This is an onerous task and to carry it out we, the citizens, give powers to the Gardaí, sometimes extensive powers, to carry out those tasks, including powers of arrest and detention.  But these powers, although used in challenging and often dangerous circumstances, must be exercised in a lawful and proportionate manner.  Where there is a question about whether they have used those powers properly they must be held to account.

 

It is vital that we fully address allegations of Garda misconduct or wrongdoing in the interest of maintaining public confidence in the Gardaí and protecting the professional standing of the overwhelming majority of dedicated and conscientious members of the force.

 

It is also essential that the public have full confidence in the system of oversight of the Garda Síochána.  That is the fundamental challenge for the Garda Síochána Ombudsman Commission.

 

The Garda Síochána Ombudsman Commission is a vital part of our policing infrastructure.  It must secure and maintain the trust and confidence of the public and, indeed, the Force alike.  To do that, it must be led by a team of skilled and competent Ombudsman Commissioners.  I believe that Ms Justice Ring will bring the appropriate level of leadership and skill and, together with her fellow Commissioners, will ensure that the Ombudsman Commission will carry out its work effectively.

 

On behalf of the Government, I recommend Ms Justice Ring for appointment as Chairperson of GSOC.

 

Thank you Mr Chairman.