Fitzgerald to outline independent review of Garda to Cabinet

Tánaiste Frances Fitzgerald is to consider giving more powers to the Policing Authority and the Garda Síochána Ombudsman Commission (GSOC) as part of a root-and-branch review of the force.

Ms Fitzgerald is to outline the potential scope of an independent examination of An Garda Síochána at Tuesday’s Cabinet meeting following revelations the number of breathalyser tests were exaggerated by one million and 14,700 people were wrongly convicted of motoring offences.

The Irish Times understands the Tánaiste will propose a wide-ranging review to be conducted by an independent panel, which may include international experts.

The culture and ethos of An Garda Síochána, the recruitment and training of members of the force and the structure of the body will form part of the examination.

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As expected, the Minister for Justice will ask the panel to assess the management structure of the force including whether more civilians should be appointed to the hierarchy.

Legislative framework

The separation of policing and security will also form part of the review, as will the legislative framework surrounding An Garda Síochána and whether it is sufficient.

Ms Fitzgerald will stress the need for an examination of the oversight and accountability of the force and whether bodies such as GSOC and the Policing Authority require more powers to conduct their duties. Government sources confirmed the Tánaiste is willing to accept the proposals by Fianna Fail TD Jim O’Callaghan to allow the Policing Authority supervise the office of the Garda Commissioner and how the incumbent discharges their duties.

Ms Fitzgerald is eager to give the independent panel a wide scope and is willing to accept recommendations from the Cabinet.

She is also expected to seek authority to consult with the Opposition parties to prepare formal terms of reference for the review.

Other concerned groups, including the Garda Inspectorate, the Policing Authority and GSOC will also be invited to give their opinion. The Garda unions may also be asked for their views.

A Government source said more consultation was required but the broad scope had been identified.

It is understood Ms Fitzgerald is seeking to have terms of reference prepared for the Cabinet meeting next week.

The Tánaiste will also inform her Cabinet colleagues of the necessity to proceed with reforms already proposed by the Garda Inspectorate while the review is under way.

Investigation

Ms Fitzgerald has also written to the Policing Authority formally asking it to undertake an investigation into the million breath tests that never happened.

The Tánaiste also asked the authority to investigate how 146,000 motorists were wrongly summoned to court for road-traffic infringements after they had already paid fixed-charge notices. Some 14,700 people were subsequently convicted and had sanctions imposed.

Ms Fitzgerald told Policing Authority chairwoman Josephine Feehily she may need extra resources to carry out her work and said additional money would be made available by the Government to hire “external professional experts”.

The controversy surrounding An Garda Síochána is expected to dominate the Cabinet agenda on Tuesday.

The meeting was due to consider the final report of the Fennelly commission, which investigated the recording of telephone calls at Garda stations.

The report was delivered to Taoiseach Enda Kenny on Friday and was expected to be published this week. However, Government sources confirmed it would not be discussed by Ministers at their meeting on Tuesday.

Meanwhile, some members of Fianna Fáil have questioned the party's refusal to support a motion of no confidence in Garda Commissioner Nóirín O'Sullivan.

The Dáil will consider motions from Sinn Féin and Labour in the coming weeks.

Fianna Fáil will not support the proposal despite not being able to express confidence in her.

It is understood a number of senior members have queried that position, including Fianna Fáil TD John McGuinness, who has called for the Government to remove her from her position.