ICCL urges Minister for Justice to seize opportunity for strong oversight of An Garda Síochána

25 April 2023

Ahead of its examination today by the Oireachtas Justice Committee, the Irish Council for Civil Liberties (ICCL) is calling on the Minister for Justice to strengthen the Policing, Security and Community Safety Bill 2023 to establish proper Garda oversight and deliver on the recommendations of the Commission on the Future of Policing, made almost five years ago.

The Bill introduces important organisational and structural reforms recommended by the Commission. It would establish a Police Ombudsman to replace the Garda Síochána Ombudsman Commission (GSOC), an expanded Policing and Community Safety Authority, and a new Independent Examiner of Security Legislation.

However, Garda oversight bodies must be given sufficient powers and independence if they are to ensure Gardaí operate within the law and with respect for human rights. As it stands, ICCL believes this legislation will be a missed opportunity unless some key amendments are made.

ICCL Head of Legal and Policy, Doireann Ansbro, said today:

“Just last week, proceedings in the Special Criminal Court raised serious questions about oversight of intelligence and use of surveillance by Gardaí. These issues are of critical importance and central to a functioning, transparent and human rights-based approach to policing – which is the stated aim of An Garda Síochána.

“This legislation is a unique opportunity to strengthen oversight of the Gardaí and we cannot afford to waste it. Government must ensure that the new oversight bodies have the independence and the powers to do their job. The new Independent Security Examiner in particular must have access to all relevant information. Otherwise, their role will be little more than symbolic.

“The creation of a new Independent Examiner of Security Legislation is a welcome and necessary development. For too long there has been a gap in oversight over anything done in the name of national security. However, the Bill creates exceptions which mean Gardaí can avoid scrutiny for anything that might affect “international intelligence sources” or “the identity of a person”. We consider these exceptions far too broad and believe they should be removed.”

ICCL also believes the Bill should be amended to ensure that the new Police Ombudsman which will replace GSOC is fully independent and has the powers to properly investigate complaints against Gardaí, including the right to search Garda stations. In creating the new Police Ombudsman, existing powers should not be watered down.

Doireann Ansbro added:

“Independent, effective investigations into complaints against Gardaí and oversight of Garda compliance with human rights are crucial if we are to build trust and confidence in our police service. This means oversight bodies must have adequate resources, effective powers of investigation and human rights expertise.” 

ICCL has made a detailed submission to the Minister for Justice and members of the Oireachtas Justice Committee in advance of today’s debate which can be read below.