Government pressed on timetable for removing prosecution powers from gardaí

Government pressed on timetable for removing prosecution powers from gardaí

Prosecutorial powers should be removed from gardaí as part of the landmark bill giving effect to many of the recommendations of the Commission on the Future of Policing in Ireland, the government has been told.

The Policing, Security and Community Safety Bill 2023 was debated at second stage in the Dáil yesterday, marking the beginning of its legislative journey after it was published late last year.

The bill will establish a new Policing and Community Safety Authority, combining the existing oversight functions of the Policing Authority and Garda Síochána Inspectorate, while the Garda Síochána Ombudsman Commission (GSOC) will be renamed the Office of the Police Ombudsman with redesigned processes and greater financial independence.

It will also establish a new Independent Examiner of Security Legislation to review and oversee the operation and effectiveness of security legislation and practice.

However, the Irish Council for Civil Liberties (ICCL) has criticised the bill for falling short of fully implementing the recommendations of the Commission on the Future of Policing in Ireland, including on taking prosecution powers away from gardaí.

The rights body said: “Independent prosecutors should take cases, not the same people who investigate the case. Otherwise, a key check on garda powers is lost.

“This bill should be the place we take prosecution powers away from gardaí and give them to prosecutors. Unfortunately the bill is retaining these powers in direct contravention of the Commission’s recommendation.”

Gary Gannon, the Social Democrats TD for Dublin Central, yesterday challenged the government to explain why the “essential reform” of removing prosecution powers from gardaí was not included in the bill.

He noted that a high-level group established by government to examine the role of An Garda Síochána in the public prosecution system had not yet published a report originally due last summer, and questioned why the bill had been brought forward before the group completed its work.

Mr Gannon said: “The Commission was very clear in its recommendation that prosecutorial powers should be removed from gardaí. International best practice is for more distance to be placed between police and the courts for both ethics and human rights standards to be protected and met.

“This is an essential reform which is completely absent from the bill whereas it is a reform the government has agreed to in principle and the Garda itself has agreed to.”

The draft bill has also attracted criticism over claims it fails to guarantee the independence and adequate resourcing of the proposed new oversight bodies.

Doireann Ansbro, ICCL’s head of legal and policy, said: “After two decades of scandals in Irish policing and the report of the Commission on the Future of Policing in Ireland, this legislation presents a final opportunity to strengthen oversight of the gardaí.

“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.”

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