Sunday Independent (Ireland)

Garda needs new management for commission­er to succeed

Unless there is change in the Justice Department’s role, there’s no chance of reform in the force, writes John O’Brien

- John O’Brien is a police and security specialist and former national head of Interpol and Europol

THE current blurb on the vacancy for the Garda Commission­er runs something like this: Salary no problem; Policing experience not essential; Apply within.

Does anyone seriously think appointing a new commission­er will solve the problems facing the Department of Justice and An Garda Siochana? Do the conditions exist where a new commission­er would make the slightest difference to the reforming project?

“We would be failing in our duty to the Minister if we did not strongly urge that an examinatio­n be carried out by appropriat­ely qualified people into the role, organisati­on and personnel policy of the force and, in particular, its relationsh­ip with the Department of Justice.” This was a key finding of the Conroy Commission 50 years ago and it is still relevant.

It is obvious that two key qualities are necessary for the success of individual office holders and for the organisati­ons they lead. These are capacity and integrity.

In the individual sense the new commission­er will have to be a person of capacity and integrity. The capacity to lead a virtual police organisati­on is not easily gained — so much for no policing experience necessary.

The Garda Siochana is a diverse organisati­on with nearly 600 stations and many other facilities countrywid­e. It has a combined staff of 15,000 personnel and a budget close to €2bn.

I believe it would be futile to invest the responsibi­lity of reform in one new individual because of the challenges faced in the governance structures. Currently, the triumvirat­e of Minister for Justice, Department­al Secretary General and Garda Commission­er form the power axis.

This has remained virtually unchanged since the foundation of the State and, in that time, six commission­ers have left office in troubled circumstan­ces. Ministers Shatter and Fitzgerald resigned from office more recently. I labelled the current model as the post-McDowell model perhaps a little unfairly. It simply doesn’t work because it is slow and ponderous and doesn’t recognise red flags easily.

A series of semi-autonomous bodies have been constructe­d so as to deflect from the direct authority and responsibi­lity currently vested in the Minister for Justice and department officials by virtue of the Garda Siochana Act 2005.

This act is not easy reading but it sets a confusing web, comprising the Policing Authority, the Garda Inspectora­te, Garda Siochana Ombudsman Commission and the more recent Commission on the Future of Policing in Ireland. It’s important to recognise that many fine people are involved in these initiative­s.

It is clear the policing authority has limited responsibi­lity in the area of policing oversight and no authority in the area of State security. It cannot appoint the commission­er, it cannot even run the selection process, which will be run by the Public Appointmen­ts Service. None of these bodies avail of domestic policing experience; foreign is good, local is obviously considered irrelevant.

In an alternate control model, the minister would exercise the role of chairman with the secretary general as deputy with the commission­er being the CEO.

This would recognise that An Garda Siochana has the unique responsibi­lity of providing a police and security service to the State. There is a statutory relationsh­ip between the commission­er, the minister and the secretary general.

The Garda Act provides that the commission­er shall account fully to the government and the minister through the secretary general of the Department of Justice, Equality and Law Reform for any aspect of his or her functions. Therefore the legislativ­e framework is already in place.

The risk averse nature of the current response to red flag issues is slow, tedious, unresponsi­ve and ultimately ineffectiv­e. The initial reaction is to deny the problem, followed by a reflective period of denial. Then as the pressure builds, a retired judge is appointed to analyse and report. This buys more time and eventually results in a time-delayed finding which has little capability of dealing with root causes.

Alternativ­ely, the executive triumvirat­e of minister, secretary general and commission­er should behave like a company board. This involves real time decision-making in light of the facts emerging.

If one applied this model to the issue of fake breath tests one can speculate that the time-linked response would be very different. This is but one example where a focused approach would have been appropriat­e and efficient.

Similarly, the penalty points saga would have had a much speedier resolution if those with authority and responsibi­lity to act had done so in real time.

Clearly the Garda Siochana should be responsibl­e in the first instance for accountabi­lity, strategic and annual planning — including monitoring, evaluating and reviewing administra­tion policy, finance, budgetary determinat­ion, leadership developmen­t, resources and research. This responsibi­lity should be exercised in a tight business model with speedy interventi­on and reaction.

The constant drip feed of criticism, no matter how well merited, is ultimately destructiv­e to reform. A better model has to be found.

Certainly a new commission­er is required and it should be the best person for the job. Neverthele­ss, this person — no matter how well paid and motivated — will fail if asked to assume the helm of the current model. The past teaches us that lesson loud and clear. Most of all, there can be no reform of the Garda Siochana without reform of the Department of Justice.

‘Tight business model would have speedy interventi­on and reaction’

 ??  ?? RESPONSIBI­LITY: Minister for Justice Charles Flanagan
RESPONSIBI­LITY: Minister for Justice Charles Flanagan

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