The report of the Garda Siochana Complaints Board for 1999 makes depressing reading. It reflects Government incompetence and ministerial indifference. More importantly, it charts a loss of confidence in the officially-established public complaints system that will, inevitably, be reflected in a growing alienation by the public from the Garda. With crime becoming more sophisticated, with increasing public disorder and with the threat of paramilitary organisations still real, such an administrative failure cannot be tolerated.
The Garda Siochana Complaints Board has been treated in a shameful manner by the Minister for Justice, Mr O'Donoghue. It sought extra staff and was ignored. In 1998 it asked for changes in the Garda Siochana (Complaints) Act, 1986, which would give it greater independence and control of its work, and nothing happened. As a result, the board members effectively resigned in their latest report. Even then, they were treated with contempt.
Their report, of serious public importance, was delayed for six months before Mr O'Donoghue decided to publish it. The catalogue of failure has mounted steadily. At the beginning of 1997, the number of unresolved public complaints concerning members of the Garda stood at 388. By the end of 1999, the number had increased to 809. Last year it exceeded 900. All this at a time when the board was appealing to the Minister for an increase in staff and resources. Instead of taking four to six months to deal with a complaint, it now takes 12 months. Worse than that, the board expresses concern that pressure may have been exerted on citizens by members of the Garda to drop complaints.
Mr O'Donoghue received this report last December. Nothing happened. Last April, in the Dail, the Labour Party proposed the establishment of a Garda Authority, based loosely on the Patten report in Northern Ireland, and the appointment of a Garda Ombudsman.
In his reply, the Minister for Justice rejected out-of-hand the proposal for a Garda Authority and argued that Patten had little or no relevance for policing in this State. As for the creation of an office of Ombudsman, he conceded that reform was required, but could be met through an independent inspectorate which would deal with complaints that specific Garda systems or operations had not measured up to the appropriate standard.
With a general election less than a year away, it is now unlikely that even the limited reforms favoured by the Minister will be adopted. The recent reluctance by some members of the Garda Siochana to be investigated or held accountable by an Oireachtas Committee indicates the kind of pressure Mr O'Donoghue may experience.
The court challenge by members of the Emergency Response Unit, supported by their representative associations, was initiated in spite of the fact that the Minister for Justice had approved the terms of reference for the Oireachtas committee. The national police service must come into line with other institutions and accept the reality of full public accountability.