A transparent promotion system and an effective disciplinary regime are needed for gardaí,writes Joe Dirwan
"Among those who have suffered most grievously have been the competent members of An Garda Síochána, particularly in Donegal, but elsewhere as well, who have taken pride in their uniform, the tradition and standards of the force and the determination of those who follow the vocation of police work to serve their community." - The second report of the Morris tribunal.
The publication of both reports of the Morris tribunal has, quite rightly, generated an enormous quantity of comment coupled with a torrent of criticism for An Garda Síochána as an organisation and for individuals within. Perhaps in that torrent the wise and generous words of Mr Justice Frederick Morris, as quoted above, have been lost sight of.
The Association of Garda Sergeants and Inspectors (AGSI) has accepted the Morris reports. In so doing we have recognised that the findings represent a black day for the Garda, but we also see the recommendations of the reports as representing an opportunity for Garda management and the Government to put in place clearly defined policies which will enable the organisation to move forward in a professional, honest and ethical manner.
The Garda Síochána is a community-oriented police service and it draws it strength from the interaction its members have with the communities they serve, and also from the fact that most members live in those communities. From that goodwill has grown the confidence which, in the opinion of this association, the communities still have in the Garda Síochána, in spite of the Morris revelations. However, that goodwill cannot be taken for granted, nor should it be.
It is essential for the sake of the communities we serve, and for the "competent members of An Garda Síochána" who were remembered by Mr Justice Morris, that we move now to restore, preserve and foster that goodwill. Not only must the faith of the communities, but also the morale of the members of the Garda Síochána be fully restored.
The renewal must be achieved by Government, Garda management and the various Garda representative organisations all working together with the common aim of restoring the Garda to the position of pride it once held in the hearts of Irish people.
This work must be carried out in an atmosphere of mutual trust, goodwill and respect. It is time to get back to basic principles of policing for the community with the consent of the community.
The principle of accountability and the need for every member of An Garda Síochána to be accountable is one which this association fully subscribes to. The Garda Síochána is a unique organisation in that the powers and discretion given to the members at the lower end of the organisation in the service of the public, such as that of arrest, are unlike any given to the employees of any other organisation.
However, with such powers come an exceptional level of responsibility. It is this association's view that no organisation could be effectively or efficiently run without proper accountability.
Apart from accountability, Mr Justice Morris has identified a number of crucial areas where action is required, among them promotion. It is the opinion of AGSI that what's needed is a totally independent, transparent and objective promotion and appointments system.
In his Garda Bill, shortly to become law, Minister for Justice Michael McDowell has proposed a three-person appointments board consisting of two civilians and a garda and it remains to be seen if this board produces the desired results.
The promotion boards must be free of any taint of political or any other kind of patronage or nepotism. The overarching principle must be the appointment of the best person possible for a particular job - anything less will not work and will repeat the mistakes of the past. We must have people promoted and appointed who will offer principled leadership and who will have the utmost confidence of members of the force.
Mr Justice Morris also identified huge problems with the disciplinary system, particularly where minor offences are concerned, where severe, often disproportionate penalties were imposed. This created and fostered a culture of denial, of refusal to co-operate and recourse to the courts at every opportunity. An efficient discipline system, operated in a spirit of realism and pragmatism, could assist in breaking down that culture and creating a happier, more productive and well-adjusted workforce. However, the sanctions and penalties must be realistic also, and they must include measures for retraining and rehabilitation. In the past, minor difficulties were left to fester and create major individual problems, because of the lack of such sanctions.
The Association of Garda Sergeants and Inspectors has no difficulty with the Minister's proposal for a three-person ombudsman commission. We would have had no difficulty if it was one person, or 20 - the association will work with whatever the legislators decide.
What is crucial is that the investigation of complaints is totally independent from the gardaí and fair to all parties in those cases which will be investigated and dealt with by the ombudsman. What perhaps is not generally understood in any case is that the DPP will make the relevant decisions in the event of a complaint involving alleged criminal behaviour - the ombudsman will forward the file to the DPP for decision.
The Minister has set up a group under the leadership of Senator Maurice Hayes to lead the implementation of the post-Morris reforms. AGSI looks forward to working with this group. We look forward to expanding on the issues in this article and in drawing many other matters to the attention of the group, including our proposals on recruitment, promotion, training, retraining, education, resources and many other issues.
Joe Dirwan is president of the Association of Garda Sergeants and Inspectors