The Government should take an honest approach and close down the Garda Síochána Ombudsman Commission unless it was willing to review the watchdog's powers and strengthen them, a former commissioner in the organisation has said.
Conor Brady, who was one of the original three commissioners appointed to the agency to lead it from its inception, said he believed the political establishment was not committed to the level of oversight intended when the commission was first provided for in the Garda Síochána Act 2005.
“Either we want a functioning, independent, effective supervision of our police system or we don’t,” Mr Brady said. “My suspicion is the establishment doesn’t actually want it any more. It might be better to just face up to it honestly and just wrap it up.”
He believed tensions between the Garda and the GSOC, and levels of frustration within the commission, were increasing because it was incrementally finding its powers were too weak.
The unwillingness of the the commission to report its concerns to the Garda or Government last year when it found what it believed was evidence of surveillance, pointed to distrust between the three bodies.
However, suggestions of surveillance being carried out by unknown entities could be quickly and properly investigated by appointing a senior counsel to lead a commission of investigation into the matters arising.
“Everything I have seen, particularly over the past couple of years, suggests to me that in that space where the Minister for Justice should essentially be the referee between the guards and the GSOC, he has been something less than even handed on occasion in my view,” Mr Brady said.
"For example, this thing about refusing GSOC access to Pulse. The rawest recruit who joins the guards tomorrow has access to Pulse and yet it would be denied to a High Court judge? This is ludicrous."
Minister for Justice Alan Shatter declined GSOC's request last year for unfettered access to the computerised database. Its access has been supervised by members of the Garda seconded to the GSOC, a fact the commission says undermines its independence and comprises the thoroughness and speed of its probes.
However, in recent weeks Mr Shatter has said the commission would have unfettered access for its investigation into the termination by gardaí of penalty points. Last week he told the Dáil he planned to grant the commission access to Pulse for any investigation “from now on”.
Sources within the commission said it did not yet have unfettered access, adding that no timeframe had yet been put on negotiations to agree the terms of access and training to use the system.
Mr Brady said the watchdog had also lobbied to be granted the right to use electronic surveillance equipment in its investigations. However, despite the Garda, Revenue and Defence Forces having the power to use electronic surveillance, the commission was not included in that arrangement.
“I think the State in the broadest sense probably regrets the move to transparency and accountability which was aimed for in that Act.”
He understood why the commission would want to carry out a security sweep of its offices, saying several sweeps had been conducted when he worked there.
Mr Brady would not have gone to the Garda or the Government with the evidence gathered by the UK security experts hired to carry out the counter surveillance. He believed more information was needed before an approach could be made.
