Garda Complaints

Victor

A bit from today's papers. Is the time limit for the existing Garda Compalints Board being exploited?

Why should the new board have to give notice? Why should they be denied access to certain files? Won't they be able to trust their own investigators?

Suspect gardai can be held for 24 hours under new powers
From:The Irish Independent
Saturday, 10th January, 2004
Tom Brady Security Editor

GARDAI suspected of wrongdoing can be detained for up to 24 hours under powers to be given to the new ombudsman's service.

The wide-ranging powers to be made available to the new body emerged last night as Garda Commissioner Noel Conroy and his senior advisers studied the contents of a controversial RTÉ programme alleging corruption, perjury and disciplinary breaches by members of the force.

The 'Prime Time' programme provoked a strong reaction. Critics claimed it was seriously unbalanced and one-sided, while the Opposition and civil liberties campaigners said it underlined the need for an independent service to investigate complaints against the Garda.

Legislation paving the way for setting up the ombudsman's service will be unveiled by Justice Minister Michael McDowell shortly after the Dáil resumes at the end of the month.

The three-man body will employ its own fully-trained staff, which can be recruited at home or overseas, and a decision on whether or not they will include retired gardaí will not be made until after further consultations.

It was learned last night that the staff will have the same detention powers as are available to gardaí under the 1984 Criminal Justice Act.

At present, the gardaí can detain a suspect initially for six hours, and then a further six hours on the instructions of a chief superintendent.

But the length of detention is expected to be increased from 12 to 24 hours when a new Garda Powers Bill introduced last year by the minister becomes law.

And, in certain circumstances, the staff will have the powers of search and seizure and entry into premises, including Garda stations, to allow them to carry out their investigative duties fully.

An earlier proposal that the ombudsman's service would have to give 48 hours notice to the Garda Commissioner before entering a Garda station has been dropped by the minister. Staff will, instead, be able to enter within an hour's notice, similar to the powers used by Northern Ireland police ombudsman Nuala O'Loan.

However, in contrast to the Northern ombudsman, there will be some restrictions on the new body here in relation to security files.

The Government has taken the view that while the PSNI is a regional police force, which in the past did not enjoy the confidence of 40pc of the population, the Garda policing role also involves security and intelligence gathering and all of the files could not be thrown open to outside investigators.

The powers given to the ombudsman will be balanced by protections for those affected by their exercise, including potential political oversight.

A mechanism will also be put in place to resolve potential conflicts between the exercising of the body's powers and similar powers vested in the Garda.

The body will be able to deal with vexatious complaints and to take action against witnesses who have, in the past, gone sick for two years in a bid to avoid appearing before a disciplinary hearing.

The Bill setting up the new body has been described by the minister as a landmark piece of legislation, heralding the biggest overhaul in 80 years.

Taoiseach Bertie Ahern said he had confidence in the system that operated because he had personal experience of it many times in his political career.

Meanwhile, the DPP disclosed last night that his office received 168 files from the Garda Complaints Board in the past year, 133 in 2002, 168 in 2001 and 142 in 2000.

He said the six-month statutory time limit for summary prosecutions applied to cases handled through the garda complaints procedure, and in the vast majority of cases referred to him the limit had already passed.

http://home.eircom.net/content/irelandcom/topstories/2324407?view=Eircomnet

DPP cites time-limit constraint in garda complaints
From:ireland.com
Saturday, 10th January, 2004

The Director of Public Prosecutions says he is unable to investigate the "vast majority" of files he receives from the Garda Complaints Board because the time limit for summary prosecutions has already expired, writes Carl O'Brien.

The DPP's unprecedented intervention will place further pressure on the Garda, which is at the centre of allegations that discipline has broken down in the force and that gardaí are escaping censure for misconduct.

The DPP, Mr James Hamilton, said he hoped the problems created by a six-month statutory time limit for summary prosecutions would be addressed in forthcoming legislation.

Mr Hamilton's office said in a statement: "The six month statutory limit for summary prosecutions applies to cases which are dealt with through the Garda complaints procedure as well as to prosecutions generally.

"In the vast majority of cases referred to the director under the Garda complaints procedure, the time limit for summary prosecutions has already passed by the time his office receives a file."

Allegations that gardaí are escaping disciplinary action were made in RTÉ's Prime Time programme on Thursday night.

The programme, which also highlighted alleged perjury and disciplinary breaches by gardaí, documented a number of cases where gardaí accused of misconduct were not investigated or prosecuted.

The allegations were described as "extremely serious" by the Garda Commissioner, Mr Noel Conroy. He said the force had dealt with wrongdoing by its members over the years and would continue to combat it through the criminal justice system and the internal disciplinary codes.

The Taoiseach, Mr Ahern, said he was confident the Garda would thoroughly investigate any complaints.

Latest figures show that during 2002, out of a total of 11,900 gardaí, four were suspended, two were dismissed and one resigned involuntarily under internal disciplinary procedures. The chairman of the Garda Complaints Board, Mr Gordon Holmes, said investigations into private complaints were conducted by officers appointed by the Garda Commissioner and that the board had no control over these inquiries. "In many cases these interventions take a huge amount of time and we have no hand, act or part in controlling the investigating officer. And that's the biggest shortcoming in the complaints board," Mr Holmes told RTÉ radio.

A spokesman for the Minister for Justice, Mr McDowell, last night said the issue was being addressed in the context of legislation for the new Garda Ombudsman, which will replace the existing Garda Complaints Board. The Bill is due to be published within three weeks.

The new three-strong body will be able to investigate allegations of poor conduct, corruption or other charges against gardaí. It is likely to include a retired Supreme Court or High Court judge. However, it will have just a fraction of the staff enjoyed by the Northern Ireland Police Ombudsman.

The Office of the Director of Public Prosecutions also confirmed yesterday that the number of files it had received from the Garda Complaints Board increased by more than a quarter last year to a total of 168.

Separate figures show the Garda is facing almost 100 civil actions over assault, unlawful arrest and other breaches of citizens' rights, according to official figures.

In addition, the force has paid out more than €7 million in compensation for such incidents, mostly in out-of-court settlements, over the last six years.