Regulations on Garda corruption published
The Tánaiste and Minister for Justice Michael McDowell has today published draft regulations to govern the reporting of corruption and malpractice in An Garda Síochána.
The draft regulations provide for gardaí or civilian employees of An Garda Síochána to report corruption or malpractice which comes to their attention.
There will be consultation shortly with the Garda associations, which have supported the introduction of such a system, and the regulations will then go to the Garda Commissioner to finalise a formal Charter which is likely to come into effect early next year.
The Tánaiste said: “The vast majority of gardaí do their work honestly and conscientiously with a great spirit of public service.
"This new Charter will protect conscientious gardaí who seek to do their duty and expose wrongdoing. It will mean an end to the cover-up and collusion witnessed in cases in the past.
"No longer will misplaced loyalty to corrupt bullies be allowed to supplant the loyalty all gardaí owe to the law, the people and An Garda Síochána.”
In August the Morris Tribunal formally recommended that it should be possible for any serving member of An Garda Síochána to speak in confidence with a designated officer in Garda Headquarters if they have concerns about misconduct.
However the Tánaiste suggests the new regulations go beyond the Tribunals recommendations whereby civilian employees as well as sworn members of the Garda Síochána will be able to make confidential reports to an independent person appointed by the Minister.
The regulations also provide for the appointment of internal reporting points within An Garda Síochána.
Provisions will be made for the independent Garda Ombudsman Commission to be kept fully informed of all investigations into confidential reports of corruption and malpractice.
The Garda Inspectorate will also be informed of reports relevant to its remit.
If the person making the report acts in good faith, and has reasonable grounds for believing that corruption or malpractice is afoot, they will enjoy the protections provided by the regulations.
A person who knowingly or maliciously makes a false report will not enjoy those protections, and can be disciplined for making a false report.
There are three principal protections for persons who, in good faith, report corruption and malpractice.
Firstly, their identity will be protected and will only be revealed in exceptionally limited circumstances where it is necessary for tackling the corruption or malpractice; secondly they cannot be disciplined for making a confidential report, and thirdly anyone who seeks to bully or intimidate them for making a report will be subject to disciplinary action.
The Minister will appoint a confidential recipient or recipients who are independent of the Garda Síochána to receive reports.
The Garda Commissioner may also appoint confidential recipients from among members and civilian employees of An Garda Síochána. They will pass the information concerning the corruption or malpractice to the Garda Commissioner for investigation.
The confidential recipients may not reveal the identity of the person reporting the corruption unless knowledge of their identity is necessary for the proper examination of the report. The person reporting may choose whichever recipient they wish to convey the information to.
The regulations aim to set the broad framework within which the charter for confidential reporting will be set. The detailed mechanisms for reporting will be addressed in the Charter. The Charter will be drawn up by the Commissioner in consultation with the Garda Ombudsman Commission and the Garda Inspectorate and will be subject to the approval of the Minister for Justice, Equality and Law Reform.
