Minister McEntee publishes General Scheme of landmark Policing, Security and Community Safety Bill

Minister McEntee publishes General Scheme of landmark Policing, Security and Community Safety Bill

• Major draft new law recognises that community safety does not rest with An Garda Síochána alone, but requires all State services to work with local communities
• Independent oversight of An Garda Síochána to be strengthened through a new Policing and Community Safety Authority, which will be provided with extra inspection powers
• Ombudsman to be given greater independence and an expanded remit
• Internal governance within An Garda Síochána to be enhanced, with Commissioner becoming a 'true CEO' answerable to a new Garda Board
• New Independent Examiner of Security Legislation to strengthen oversight of national security

27 April, 2021

The Minister for Justice, Helen McEntee TD, today announced that she has secured Government approval for the drafting of the landmark Policing, Security and Community Safety Bill.

The Bill provides for the most wide ranging and coherent reform of policing in a generation by improving the performance and accountability of our policing and security services, and supporting the human rights of all people throughout Ireland to be and feel safe in their communities.

The Policing, Security and Community Safety Bill will:

• Make the prevention of harm and protection of people who are vulnerable or at risk an objective of An Garda Síochána and make the safety of communities a 'whole of government' responsibility,

• Strengthen and consolidate independent, external oversight of An Garda Síochána,
• Enhance the internal governance of An Garda Síochána and the role of the Garda Commissioner as CEO, and
• Improve the independent oversight of our national security infrastructure.

It has been developed on the basis of the recommendations of the Commission on the Future of Policing in Ireland (CoFPI) following its fundamental in-depth review and builds on the reforms of recent years, in particular the work of the Policing Authority in providing independent public scrutiny of the performance of An Garda Síochána in relation to its policing functions.

Having regard to the importance of human rights as the foundation and purpose of policing, the Bill will strengthen the objectives of An Garda Síochána in relation to protecting and vindicating the human rights of individuals.

Publication of the General Scheme delivers on a key commitment in Minister McEntee's Justice Plan 2021 and represents a significant advance in the reform of Ireland's national policing and security infrastructure.

When enacted, the Bill will repeal the Garda Síochána Act 2005 (as amended) in its entirety.

Announcing the General Scheme, Minister McEntee said:

'Ensuring every community in Ireland has a right to be safe and, importantly, to feel safe is my overriding mission as Minister for Justice.

'This landmark Bill reflects how our new approach to policing and community safety will help to achieve that goal. It will allow for increased visibility of An Garda Síochána in our communities and will prevent crime and harm.

'It recognises that responsibility for community safety does not rest with An Garda Síochána alone but requires other Government Departments and State agencies to work together.

'But, most importantly, it recognises that local communities themselves know what the best responses will be to improve safety in their own areas.

'This Bill will allow communities to work not just with An Garda Síochána but with local representatives, community representatives, business groups and State agencies to draw up their own plans to prevent crime and provide solutions for their own areas.

'This new approach recognises that certain problems may be better addressed by education, intervention programmes and other solutions, instead of just a policing response alone.

'This Bill is also about ensuring that An Garda Síochána continues its record of excellent service to the Irish people. During Covid-19 we saw how effective An Garda Síochána and the whole public service can be when they works together at both national and local level to deliver for the public.

'However challenges remain in many areas, not least in relation to marginalised or minority communities. The community safety proposals in the Scheme set the basis for a consistent, sustained and collaborative approach to addressing the complex needs of these communities.

'This legislation will, when enacted, underpin the human rights focus of policing in Ireland and support the major programme the Commissioner is leading to develop An Garda Síochána into a leading edge and accountable service.'

The General Scheme of the Bill will now be referred for priority drafting and to the Oireachtas Committee on Justice for pre-legislative scrutiny.

Making community safety a 'whole of government responsibility'

As identified by the Commission, much of the work of Gardaí on a daily basis, similar to other police services, is concerned with the non-crime related activity of preventing harm to people with addiction or mental health conditions, resolving issues for those who are homeless, the elderly, children and others at risk.

The prevention of harm will be a specific statutory objective of An Garda Síochána recognising the vital work Gardaí do on the ground every day in communities around the country.

Crucially, in tandem with this, the Bill will also embed a key principle from the Commission's Report that preventing crime and harm and making our communities safer does not rest with An Garda Síochána and the Department of Justice alone - it will be most effectively achieved as a 'whole of government' responsibility with Departments and agencies such as health and social services, education authorities and local authorities, the Gardaí and the wider community working together.

The Bill will achieve this by:

• Placing statutory obligations on Departments and public service bodies to cooperate with each other to deliver safer communities
• Establishing national structures to provide strategic direction and ensure that collaboration is working
• Establishing innovative local Community Safety Partnerships to develop local safety plans tailored to the priorities and needs identified by communities themselves

The Community Safety Partnerships will provide a forum for State agencies and local community representatives to work together to act on community concerns. They will have a broader remit and broader membership than the joint policing committees they will replace.

Three pilot projects will run for the next three years in Dublin's North Inner City, Waterford and Longford which will inform the drafting of the Bill and the subsequent rollout of the Safety Partnerships to local authority areas in the country.

Our new Community Safety Innovation Fund will also reflect the success of An Garda Síochána and the Criminal Assets Bureau in seizing the proceeds of crime by funding projects communities themselves know will help in improving their safety.

Stronger independent, external oversight of An Garda Síochána

The Bill will introduce stronger independent external oversight of An Garda Síochána by:

• Combining the existing broad-ranging oversight function of the Policing Authority and the functions of the Garda Inspectorate in the new Policing and Community Safety Authority
• Reforming the system for the handling and investigation of allegations of Garda wrong doing

The new Policing and Community Safety Authority will oversee and assess in an independent and transparent manner the performance of An Garda Síochána in relation to policing services, with the benefit of an expert in-house inspection function. It will:

• Focus exclusively on providing robust independent oversight
• Have stronger inspections powers, including the power to carry out unannounced visits of Garda stations as part of its inspections
• Continue to engage with the Garda Commissioner and the senior leadership team including through the regular public meetings held by the Policing Authority in recent years

Minister McEntee said:

'The Bill will implement the recommendations of the Commission on the Future of Policing in Ireland to ensure strong and effective systems of governance and oversight for policing, all with the aim of supporting effective accountability and ultimately a better policing service for the public.

'In addition to benefitting from the extensive deliberations of the Commission on the Future of Policing, the legislation will consolidate and build on the strengths of our existing oversight arrangements, notably the public scrutiny of the performance of An Garda Síochána in relation to its policing functions.'

The Bill will greatly strengthen the independent oversight of the handling and investigation of allegations of wrong doing by Garda personnel by:

• Expanding the remit of the Garda Ombudsman to include Garda staff and allegations that come to light other than by way of a complaint from a member of the public
• Overhaul its investigation procedures to support timely and effective resolution of complaints and investigations to the mutual benefit of complainants and the subjects of complaints
• Restructure the body itself and replace the current three person commission with an Ombudsman and Deputy Ombudsman model, so the organisation will have a clear and publicly identifiable leader
• Reinforce its independence by giving the Office of the Garda Ombudsman greater financial independence through its own Vote for the first time and creating a new Chief Administrative Officer (CAO) to free up the Ombudsman to focus on investigation and oversight work.

The Minister said:

'These reforms constitute a major overhaul of the system for the handling and investigations of allegations of wrong doing and will greatly strengthen independent oversight, enhance transparency, efficiency and public confidence in the system.'

Strengthening internal governance of An Garda Síochána

In tandem with strengthening the independent external oversight of An Garda Síochána, the Bill will also support the internal capacity of An Garda Síochána to manage itself effectively, deliver reform, increase diversity, and improve outcomes for communities.

This enhanced internal governance will:

• Empower the Garda Commissioner as a 'true CEO', in a similar manner to other public sector bodies, to lead the organisation and drive change
• Ensure the Garda Commissioner is supported and held to account by a non-executive statutory board, a corporate governance standard across the public and private sector
• Allow the Garda Board, through the expertise and external perspective of its members, to provide practical support along with robust, constructive challenge to the senior leadership team in An Garda Síochána
• Strengthen decision making and planning, and supporting the organisation in becoming a more agile and adaptive
• Makes explicit the roles and responsibilities of the Board and the Garda Commissioner in regard to protecting and vindicating the human rights of individuals

The Garda Board, as is the case with such boards generally, will not have any role in relation to operational matters. As recommended by CoFPI, the Garda Commissioner's operational independence will be made explicit in the Bill.

Referring to the establishment of the Board the Minister said:

'The existence of a Board is the norm in public bodies of this size and scale and it will bring multiple benefits to An Garda Síochána. The Board will help An Garda Síochána anticipate and respond to changes in the ways in which policing will need to be delivered in the coming decades. It will also provide assurance to the Minister of the day around internal governance and risk management and mitigation.

'The new governance and oversight framework for policing is tailored to the status of An Garda Síochána as the national policing and security service and the special requirements that must pertain to certain information held by the organisation.'

The Bill will also deliver an independent, impartial, best practice system of making appointments to An Garda Síochána.

This will be done by:

• Providing more opportunities for open recruitment and bringing greater alignment between the recruitment of Garda members and Garda staff

• Making the Public Appointments Service (PAS) responsible for the independent process for selecting persons for appointment to senior Garda ranks
• Giving the Garda Board responsibility for ensuring appropriate arrangements for the recruitment, appointment, training, development and performance management of members of Garda personnel that comply with best practice are in place

The Garda Commissioner and Deputy Commissioners will be selected through open competitions run by PAS, which may include representatives of the Garda Board and the new Policing and Community Safety Authority.

In keeping with the constitution, the Government will continue to formally appoint the Garda Commissioner and Deputy Commissioners.

PAS will also run open competitions for the appointment of Assistant Commissioners and Chief Superintendents, and appointments at this rank will be approved by the Garda Board.

Competitions for Superintendents, Sergeants and Inspectors will be governed by regulations which will ensure that they are run in accordance with public sector recruitment standards.

Improving the oversight of our national security infrastructure

The Bill will strengthen oversight of national security through the establishment of a new body - the Independent Examiner of Security Legislation - within the national security infrastructure.

The work of the Independent Examiner will complement the work of the policing oversight bodies in relation to the work of An Garda Síochána.

Significantly, at the same time the Independent Examiner will provide oversight of the broader security apparatus.

The Minister said:

'The Commission on the Future of Policing recommended separate and new arrangements for the oversight of security services, in recognition that this area involves highly sensitive information which must be protected. The Independent Examiner will help to enhance Ireland's national security response through the review and oversight of the operation and effectiveness of security legislation and practice.'

Marking the publication of the Scheme generally, Minister McEntee said:

'I am pleased to have reached this stage in the preparation of this landmark Bill. The Scheme reflects enormous work by a dedicated team in my Department who engaged extensively with key stakeholders including all Government departments, An Garda Síochána and the policing oversight bodies.

'I am also pleased that the Scheme maintains the momentum and supports the widespread policing reform being advanced by the Commissioner and my Department under 'A Policing Service for our Future', the implementation plan based on the Commission's report which is overseen by the Department of the Taoiseach.

'The Scheme will now be referred to the Justice Committee for pre-legislative scrutiny and I expect the Committee will engage widely in its examination of these important proposals.'

ENDS…/

Notes for Editors:

1. The text of the General Scheme and an accompanying explanatory memorandum can be found on the Department of Justice website at: http://www.justice.ie/en/JELR/Pages/General_Scheme_of_landmark_Policing_Security_and_Community_Safety_Bill

Programme for Government

2. The Programme for Government - Our Shared Future - commits to rapidly implementing the report of the Commission on the Future of Policing in Ireland, and to introducing a new Policing and Community Safety Bill to redefine the functions of An Garda Síochána. The Bill has been renamed the Policing, Security and Community Safety Bill to reflect the addition of a part to provide for the establishment of the Independent Examiner of Security Legislation.

A Policing Service for our Future (APSFF)

3. A Policing Service for our Future (APSFF) - the Government's Plan to implement the Commission's report - is a living document, which is reviewed and updated, as required, to maintain ambitious but realistic commitments, timeframes and milestones. The Policing Reform Implementation Programme Office (PRIPO) - which is based in the Department of the Taoiseach - monitors progress on APSFF, supports the work of the Implementation Group on Policing Reform (IGPR), and keeps the High-Level Steering Board on Policing Reform and Government apprised of progress being made.

Community Safety

4. For the purposes of the General Scheme the term 'community safety' can be understood as referring to multi-sectoral approaches at national and local level to enhance the safety, and perception of safety, in communities through collaboration between relevant Departments of State and public service bodies and community engagement in the prevention of crime and harm.

5. The bill sets out a statutory framework at national and local level to drive the delivery of community safety is built around the establishment of local Community Safety Partnerships (replacing Joint Policing Committees) to develop local community safety plan that respond to the specific needs of the community. Membership will include local representatives, service provides and a range of community representatives who will work in partnership supported by dedicated staff. This will feed through other structures into a national strategy to guide the work of other bodies.

Independent external oversight of policing - Policing and Community Safety Authority

6. The new Authority will have powers to:

• oversee and assess in an independent and transparent manner the performance of An Garda Síochána in relation to policing services,
• oversee Garda performance in relation Garda cooperation with other agencies to drive community safety,
• scrutinise performance including through monitoring progress on the AGS annual plan,
• conduct inspections at its own initiative or at the request of the Minister,
• conduct unannounced visits of Garda stations and other premises (where garda personnel are assigned) as part of planned inspections and conduct joint inspections with other inspection bodies,
• require the assistance and cooperation of the Garda Commissioner, including through the provision of information, documents and attendance at meetings (including in public),
• require the Garda Commissioner to respond to any recommendation which is made by the Authority on foot of an inspection within a time period specified by the Authority,
• monitor implementation of its recommendations by An Garda Síochána,
• determine policing priorities for the approval of the Minister, following community engagement, which will inform An Garda Síochána's strategic and annual planning,
• conduct research and provide policy advice to the Minister.

Reformed complaints body and system for the handling and investigation of allegations of garda wrongdoing

1. The Garda Síochána Ombudsman Commission will continue in being renamed as the Office of the Garda Ombudsman, with the three person Garda Síochána Ombudsman Commission replaced with an Ombudsman/Deputy Ombudsman model to ensure that the body has a clear and publicly identifiable head.

2. The office holders will be appointed by the President on the nomination of Government and following a selection process undertaken by the Public Appointments Service.

3. The independence of the Ombudsman will be reinforced by giving it its own Vote for the first time and giving the responsibilities of accounting officer to a new CAO to free up the Ombudsman to focus on investigation and oversight work.

4. Key changes under the Scheme include:

• an expanded remit of the Ombudsman to include garda staff (unsworn members) for the first time,
• requiring all complaints (other than minor service level type complaints) to be investigated by the Ombudsman,
• increased independent oversight of the handling and investigation of allegations of wrongdoing that are not the subject of a complaint and which are normally investigated by the An Garda Síochána itself - the Garda Commissioner will be required to notify the Ombudsman of such incidents of concern and the Ombudsman will decide what action to take including whether he/she should launch an investigation into allegations of a criminal nature,
• an expansion of the existing obligation on the Garda Commissioner to refer 'death or serious harm' incidents to the Ombudsman to clearly include all allegations of sexual offences and also allegations of abuse of power for sexual gain,
• empowering the Garda Commissioner to refer a matter of concern to the Ombudsman where the Commissioner believes it to be in the public interest to do so,
• introducing a new streamlined, simplified approach to investigations while ensuring appropriate safeguards to protect the individual's right to fair procedures and natural justice,
• empowering the Ombudsman when reporting on an investigation to include recommendations for systemic change with an obligation for An Garda Síochána to respond.

Internal Governance of An Garda Síochána

1. Under the Scheme the governance of An Garda Síochána will be strengthened through empowering the Garda Commissioner, as the 'true CEO', to lead the organisation and drive reform and the establishment of the Board of An Garda Síochána.

   Garda Commissioner

2. The Garda Commissioner will:

• continue to be responsible for running the organisation,
• exercise functions equivalent to the CEO of many state agencies, including in relation to workforce planning, HR, industrial relations and finance,
• be accountable to the new Garda Board for the performance of his or her functions
• be accountable to the PAC as accounting officer and to other Oireachtas Committees,
• discharge obligations in relation to assisting and cooperating with the strengthened oversight bodies
• have explicit operational independence from Government and the board.

Board of An Garda Síochána

1. The Board will comprise 9 members including a chairperson, appointed by the Minister in accordance with the process for the appointment of State Boards. Members of the Board will be required to have sufficient experience and expertise in matters connected with the functions of An Garda Síochána, matters of organisational governance, management, public administration or financial matters to enable him or her to make a substantial contribution to the performance of An Garda Síochána.

2. As the 'CEO' the Garda Commissioner will report to the Board and be held accountable by it for his or her performance. In line with current corporate governance practice, the Commissioner will not be a member of the Board which will be accountable to the Minister for its performance and will be required to inform the Minister of any matters that it considers require the Minister's attention.

3. The Garda Commissioner will continue to be required to keep the Minister and the Secretary General of the Department informed of significant matters and to account to the Minister and Government for policing and security matters as needs be.

   Independent impartial appointments system

4. The Bill will deliver an independent, impartial, best practice system of making appointments to An Garda Síochána that includes more opportunities for open recruitment and brings greater alignment between the recruitment of garda members and garda staff.

• The process of selecting persons for appointment to senior Garda ranks will be done independently by the Public Appointments Service. As now, and in keeping with the Constitution, the Government will formally appoint the Garda Commissioner and Deputy Commissioners who will be selected through open competitions run by PAS, which may include representatives of the Garda Board, the new Authority etc.
• The Garda Board will approve the appointment of Assistant Commissioners and chief superintendents (which again will be run by PAS) - the Board will also approve the appointment of senior garda staff.
• Superintendents, sergeants and inspectors will be appointed by the Garda Commissioner, following competitions run independently by the Public Appointments Service. .

1. The Board will also have a specific function to ensure that appropriate arrangements for the recruitment, appointment, training, development and performance management of members of garda personnel that comply with best practice are in place.

   Independent Examiner of Security Legislation

2. The primary function of the Independent Examiner will be to keep under review the operation and effectiveness of security legislation to ensure security legislation remains necessary and fit for purpose, and contains appropriate safeguards for protecting human rights.

3. The Independent Examiner will also have a general examination function in relation to the delivery of security services; and those State offices and agencies who have a security remit will be obliged to cooperate with the Examiner in the performance of his or her duties.

4. The Scheme also provides that the Independent Examiner will review refusals of information to oversight bodies on grounds of the security of the State and where the oversight bodies wish to appeal that decision.

5. The Independent Examiner will also assume the existing oversight roles carried out by designated judges (currently serving High Court judges) relating to the operation of the statutory frameworks for data retention, interception of communications and surveillance.

6. The Independent Examiner will report annually to the Taoiseach, and the report will be laid before the Oireachtas. The Independent Examiner will also produce other subject matter reports as necessary for publication.

7. The Independent Examiner will help promote public confidence in national security measures and enhance the national security response.

8. Ireland is unique in that it does not have a discrete internal security service. An Garda Síochána performs a dual role in providing both policing and security functions. The Office of the Independent Examiner will complement the oversight arrangements in place with regard to policing functions.

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