Garda chief hits out at draft Bill on policing
GARDA top brass will spend more time ‘reporting and accounting’ to watchdog bodies than doing police work, Garda Commissioner Drew Harris is to tell the Oireachtas Justice Committee today.
His opening statement to the committee is a stinging criticism of the draft Policing, Security and Community Safety Bill, which he says is unconstitutional. Mr Harris warned that the Bill will ‘effectively outsource’ control of Garda budget, discipline, standards and policing to different oversight bodies.
The draft legislation would see the establishment of a new Policing and Community Safety Authority along with additional powers being provided to an updated version of the Garda ombudsman. In his statement, Mr Harris will complain that the reformed ombudsman would have ‘more legal powers to conduct investigations into all Garda personnel – including Garda staff – than gardaí investigating crime currently have’.
‘Investigations by the new GSOC [ombudsman] could run for years without any obligation for them to inform the Garda employee about the nature of what they are being investigated for, whether criminal or misconduct,’ he wrote in his submission to the committee.
‘Nor would there be sufficient judicial oversight of these investigations or any mechanism for Garda personnel to complain to an independent oversight body about how they are being conducted.
‘This would appear to be a flagrant breach of a suspect’s human rights, as well as being incredibly stressful for them.
‘Furthermore, the Garda Commissioner as employer may not be made immediately aware of investigations related to serious matters. As such, in our view, these powers are disproportionate, unconstitutional and will not withstand an expensive and time-consuming test in the courts.’
The Garda chief said he accepted the recommendations of the Commission on the Future of Policing, describing them as ‘necessary and timely’, but added that the Bill ‘does not meet our shared ambition for a transparent, accountable, trusted and effective’ police service. ‘What we are asking is that the proposed Bill more accurately reflects the Commission’s recommendations so that An Garda Síochána can continue to operate ethically, efficiently, and effectively to keep people safe,’ Commissioner Harris said.
Bob Collins, chairperson of the Policing Authority, also criticised the Bill. He stated that there was ‘no significant or convincing argument why such a sharp shift is necessary or appropriate’ in the general scheme of the Bill.
‘Flagrant breach of human rights’