Irish Independent

Only political will can bring change to toxic Garda culture

- Ivan Yates

INERTIA is a peculiar response to crisis, yet judging by the recent spate of challenges to this country, a do-nothing approach seems to be the norm.

There is a predictabl­e chain reaction that features: intense media controvers­y, followed by Dáil uproar. Then we get ministeria­lcommissio­n reports, months of solemn scrutiny behind closed doors.

The net result of all of this is minimal change, and the old order is re-establishe­d.

Ireland’s ‘Accountabi­lity as usual’ is a peculiar brand indeed. Whether it’s tracker mortgages, judicial appointmen­ts, penalty points, homelessne­ss or hospital trolleys – the status quo holds out.

The latest test will be the damning Police Authority report into fake breath tests. It confirms that ultimate responsibi­lity lies with a flawed Garda management.

It revealed recorded inputs of 1.85 million non-existent alcohol tests were due. This was ascribed to pressure from on high. It resulted in complete confusion amongst call-takers at the Garda Informatio­n Services Centre (GISC).

It depicted a vista of front-line cops falsifying figures; an appalling absence of co-ordinated training allied to zero managerial supervisio­n and oversight.

What is the result of these explosive findings? Currently, Justice Minister Charlie Flanagan and the Garda Representa­tive Associatio­n face a stand-off over sanctions against hundreds of gardaí who deliberate­ly entered wrong data into the Pulse system.

Clearly such flagrant abuses must be pursued. The Garda top brass utterly failed to spot or stop fraudulent figures being filed from June 2009 to April 2017. For there to be no individual sanctions flies in the face of what justice is supposed to mean.

Two Garda commission­ers left in three years because of political and public dissatisfa­ction. There was a perfect storm of controvers­y featuring the mistreatme­nt of whistleblo­wers – resulting in an ongoing tribunal.

There were the irregular financial practices at Templemore training centre, and revelation­s about doctored crime statistics, along with the sustained failure to implement reforms proposed by the Garda Inspectora­te – you wonder can things get any worse.

We need to focus now on who and what replaces Nóirín O’Sullivan in order to trigger the urgent need for a cultural transforma­tion within the force.

There are many players centre stage with various roles: The Policing Authority (Josephine Feehily), the Commission on the Future of Policing (Kathleen O’Toole) and the Public Appointmen­ts Commission. This is all laid down under section 9 of the 2005 Garda Act, as is whether the future annual salary may exceed €180,613.

These groups may make determinat­ions, but it’s the faceless mandarins at the Department of Justice who pull the strings.

The most shocking public service recruitmen­t process was the replacemen­t of the secretary-general of the Department of Justice, Brian Purcell. It took two years to eventually give the post to the acting person, Noel Waters. Apparently no other civil servant outside of that department, nor anyone from the private sector, nor any internatio­nal person, was better qualified.

All this despite a damning Toland report excoriatin­g the department for its massive systemic failures and bunker mentality which cried out for external input.

It is hard to look past the Department of Justice culture as being central to the Garda crises. Its key job is overall Garda oversight of finances, ethics, personnel, legislatio­n, management, leadership and regulation.

But there appears to be an ethos of secrecy and control.

It operates at its heartbeat through “national security” – it overrides politician­s and all other department­s.

This underperfo­rming department must be confronted by Leo Varadkar and Dáil Éireann. It pretends to outsource problems to GSOC, commission­s and the Garda Inspectora­te – in reality, it has rigid control on critical decision-making.

If in doubt about the de facto power of the Department of Justice over both politician­s and gardaí, read the evidence of acting Garda Commission­er Dónall Ó Cualáin before the Public Accounts Committee. He promised to publish an interim Garda report recommendi­ng the opening of six of 139 closed Garda stations, amid the uproar over the reopening of Stepaside Garda station. Noel Waters bluntly vetoed any such publicatio­n because his department had a more

“nuanced” report of its own. This culture of political control of the Garda is corrosive. It’s also inimical to modern policing.

No surprise then that the department is currently knee-deep in managing the process of appointing a new Garda commission­er.

Specious arguments that you can’t separate policing from security/intelligen­ce are authored by the Department of Justice. Retaining its over-arching authority appears to be the priority.

But the USA and UK rightly boast of having the best global intelligen­ce systems through the CIA/FBI and MI5/MI6. Other sophistica­ted intel operators include Russia’s KGB and Israel’s Mossad. The best internatio­nal security structure norms separate policing and intelligen­ce.

We’re being sold an outrageous pup – that we can’t separate administra­tive and political control of security and crime functions.

Apparently the department has successful­ly persuaded ministers and key ‘reform’ players that this critical segregatio­n of intel reporting to the Taoiseach’s department is off-limits.

These manoeuvres are invariably hidden from the public gaze.

Unlike the Charleton Disclosure­s tribunal.

The last testimony given by Tusla’s Lisa O’Loghlen in relation to redacted reports was significan­tly interrogat­ed by the insightful Justice himself, with a telling questionin­g reference to a possible cover-up.

One eagerly awaits the evidence from Superinten­dent David Taylor, John McGuinness TD, Philip Boucher-Hayes and Seamus McCarthy (Comptrolle­r and Auditor General).

Ironically, the Garda legal teams primarily represent the two former gardaí, Martin Callinan and Nóirín O’Sullivan.

Within the force, internal senior Garda candidates jockey for the vacant commission­er post. Ms O’Sullivan’s legacy is one of deep internal division in HQ. Maybe they should all reflect on their generation’s legacy to the force. The only serious way to drive dynamic change is to headhunt and appoint an external chief from a common-law jurisdicti­on along with a balanced civilian management team of deputy/assistant commission­ers.

As we approach the centenary of the forming of An Garda Síochána, Mr Varadkar and Fianna Fáil leader Micheál Martin are confronted with a choice. They either collective­ly face down the Department of Justice or continue with ‘security as usual’. But critical change depends on that most precious and all too rare commodity – political will.

 ??  ?? Justice Minister Charlie Flanagan
Justice Minister Charlie Flanagan
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