Some 2,097 complaints against gardaí were made by members of the public to the Garda Síochána Ombudsman Commission last year, according to figures published today.
The commission published its annual report for 2009, the second full calendar year of its operations.
Of the allegations received, 26 per cent related to alleged abuse of authority; 25 per cent to neglect of duty; 18 per cent to discourtesy and 15 per cent to assault.
The commission said this did not represent a major change from the previous year.
A total of 104 referrals were received from the Garda Commissioner in cases where he formed the view that the conduct of a member of the Garda Síochána may have resulted in the death of, or serious harm to, a person.
Of the 104 referrals received, 16 involved fatalities. Six occurred as a result of road traffic incidents, there was one death in Garda custody. Eight referrals related to custody or contact with the gardaí.
Road traffic incidents resulted in 51 per cent of the referrals. Garda pursuit, observation or attempt to stop a vehicle driven by a member of the public was a factor in 35 per cent of referrals, the commission said.
A total of 146 gardaí were disciplined and one was convicted before the courts during 2009. The conviction arose as a result of an assault in Cork, to which the Garda pleaded guilty.
In addition, the commission opened two investigations into matters it considered to be in the public interest.
These were an investigation into alleged Garda misconduct during the arrest of a juvenile in the Cavan/Monaghan Division in early 2009, and an inquiry arising from concerns raised by a judge about the quality of Garda evidence during a criminal trial.
Speaking at the publication of the report in Dublin, GSOC chairman Dermot Gallagher said dialogue between the GSOC and the Garda Síochána had developed into a “productive pattern”.
“While GSOC continues to discharge its duties fully and impartially under the Act, there is an enhanced understanding among gardaí of its role arising from experience, regular dialogue at senior levels and ongoing provision of feedback to the gardaí by GSOC.”
Commissioner Carmel Foley noted a 17 percentage point increase in public confidence in the commission’s impartiality and fairness, based on an independent survey carried out early this year.
Some 79 per cent of those questioned expressed such confidence in the body, compared to 62 per cent in 2008.
“The promotion of public confidence in the process is not only a statutory duty for GSOC, it is also a key element in ensuring that the atmosphere exists in which people who have issues which should be brought forward feel comfortable doing so,” Ms Foley said.
She said the public and gardaí could expect fair treatment in their dealings with the commission.
Commissioner Conor Brady said the commission had sought some amendments to the Garda Siochana Act 2005, under which it was established.
“While the Act is generally fit for purpose and the progress to date shows this, there are some areas which we consider could benefit from refinement.”
The commission is currently discussing potential changes to the legislation with An Garda Síochána, to see if an agreed approach can be presented to Minister for Justice Dermot Ahern.
Potential changes include provisions to allow more complaints to be resolved through a process of informal resolution.
Mr Brady said the commission was looking at reworking the provisions of the Act “to see if we can make that more attractive for people”.
In addition, the commission wanted the authority to make “reasonable inquiries” on a matter before it opens a formal investigation.
The annual report was presented to Minister for Justice Dermot Ahern earlier this week and it was laid before the Houses of the Oireachtas today.