McDowell urged to act on ombudsman post

Garda complaints board says whoever succeeds it must have an independent division to investigate complaints made against gardaí

The Garda Síochána Complaints Board, opposition parties and the Irish Council of Civil Liberties (ICCL) have all urged the Government to immediately press ahead with legislation for the creation of a new Garda ombudsman.

In its annual report for 2002 the complaints board said whoever succeeds it must have an independent division, which would be empowered to investigate gardaí against whom complaints are made.

"This need only be invoked in serious matters, but it is essential in the public interest that the independence of the body dealing with complaints be emphasised," said its chairman, Mr Gordon Holmes.

Both Fine Gael and Labour strongly criticised the Minister for Justice, Mr McDowell, for his failure to date to create the new Garda ombudsman office, despite having identified it as a priority almost 18 months ago.

The ICCL said while it would welcome a new independent body, it was concerned that the mooted legislation would not go far enough in bestowing investigative powers.

Last July Mr McDowell published the general scheme of the new Garda Síochána Bill.

It contained proposals for the establishment of an independent body, with the powers of an ombudsman, to investigate complaints. The Minister said that following the consultative process, he intends to bring forward the legislation before the Dáil resumes in January.

Fine Gael's spokesman on justice Mr John Deasy TD said the reason the "critical" legislation had been delayed was because Mr McDowell had seriously mishandled the entire new raft of legislation.

The Minister had undermined it by including measures relating to gardaí taking bribes from journalists in return for stories.

"If he were now to exclude [those measures\], it would be a blow to his ego.

"If he had brought it before the house, it would have embarrassed him again," Mr Deasy said. "This \ legislation is critical, the public expect it and the gardaí need it."

Labour's justice spokesman, Mr Joe Costello TD, said the Garda Síochána Complaints Board's annual report identifies the limits to its powers, underlining the need for the new Garda ombudsman.

"However, the required legislation has still not been brought before the Dáil and no money whatsoever has been allocated in the 2004 estimate of the Department of Justice for this purpose. "This is an urgent matter that cannot be long-fingered any more."

"The volume and seriousness of complaints is increasing. More than €6 million has been paid out in respect of legal actions taken against members of the gardaí for assaults or other breaches of citizens' rights. This is a situation that cannot be allowed to continue."

A spokesman for Mr McDowell said the only reason the legislation had not been brought before the Dáil before now was because the public consultation period needed to run its course. That period had expired only last month and the legislation will be brought forward in a matter of weeks, he said.

Ms Aisling Reidy, the director of the ICCL, said: "The Minister must not deliver anything less that a fully empowered and resourced independent body for investigating complaints - as the board says it is long overdue."

However, she said "nowhere in the new legislation" is provision made for a department of investigators with Garda powers, which would investigate complaints. This was a cause of concern.