Some hope contained in damning Charleton Report

Mr Justice Charleton sets out seven obligations for gardaí in his report that, if implemented, could see postive change in the force, according to Cormac O’Keeffe.

Some hope contained in damning Charleton Report

Mr Justice Charleton sets out seven obligations for gardaí in his report that, if implemented, could see postive change in the force, according to Cormac O’Keeffe.

Drew Harris: The Garda Commissioner said he is setting up a group to look at the recommendations contained in the Charleton Report. Picture: Niall Carson/PA
Drew Harris: The Garda Commissioner said he is setting up a group to look at the recommendations contained in the Charleton Report. Picture: Niall Carson/PA

AFTER Mr Justice Peter Charleton sliced his way through An Garda Síochána in yet another damning report, the question is again being posed: Will things now, eventually, change?

The history from previous tribunals and inquiries, and the continuing experience of oversight bodies and individuals who deal with the gardaí, may not give cause for hope.

The criticism levelled by the judge — against both frontline gardaí as well as senior officers and the organisation as a whole — is so deep, and so dispiriting, that it shakes the very foundations of the public’s faith in the force.

The hosing down of the Garda organisation is in addition to the most appalling and shameful finding: that the former head of the police force, Martin Callinan, carried out a “campaign of calumny” against Sgt Maurice McCabe along with his press officer, Supt David Taylor.

Maurice McCabe
Maurice McCabe

But, all is not completely gloomy. There is hope.

While Justice Charleton shoved the Garda force through the slicer, he took out choice cuts and held them up to the light — praising the work and dedication of individual gardaí, indeed many gardaí, that gave evidence to the tribunal.

There is also the recent report of the Policing Commission and the promise of a fundamentally new form of policing.

In addition, there is the appointment of Drew Harris. His comments promise much in terms of a shift in the garda focus and the garda attitude — towards the vulnerable, towards communities, towards serving the people.

In his statement after the tribunal, the new Garda chief said that gardaí had an obligation to the truth and society — and “not to the organisation”.

For a hierarchical organisation that has been repeatedly criticised for putting itself first, ahead of the truth and the public, this appears to be a revolutionary statement.

In his comments, Justice Charleton landed this most damning statement: “The improvement that is most needed in our police force is adherence to honesty and adherence to the duty to do a full and hard day of work in the service of the people of Ireland”.

He resurrected the mother of all Garda inquiries — the Morris Tribunal — which investigated bizarre and shocking events in Donegal, between 2002 and 2008.

He said Mr Justice Frederick Morris referred generally to the force when he said: “Ultimately, the gradual erosion of discipline within An Garda Síochána is a developing situation that will, sooner or later, lead to disaster.”

To this, Judge Charleton said: “The tribunal remains deeply concerned in the same way. A country with an undisciplined police force is at risk from that police force.”

He said gardaí and the organisation have to put the public first, before standing up for each other and added: “That lesson badly needs to be learned by our police force.”

Referring to senior officers, he said: “A cultural shift requiring respect for the truth is needed.”

But he praised the work of many gardaí who gave evidence, saying they showed “intelligence, diligence and serious-mindedness”.

He said findings in his report must be “dispiriting” for gardaí like them and said they are “crying out for leadership”.

He called for a “proper promotion system” but left it to others to implement concrete reforms.

This touches on a hot topic as the Policing Commission report recommended taking the promotion system for senior officers from the Policing Authority (which only in recent years got the power from the Department of Justice) and giving it to the Garda commissioner, under the supervision of a new Garda Board.

Mr Justice Charleton sets out seven obligations for gardaí.

- 1. The first obligation of gardaí “is to take pride in their work and in their uniform”.

This is a very stinging comment for gardaí. Frontline gardaí and supervisors and their associations have for years said they can’t do their job because there are too few of them and that they didn’t have the tools and that their morale is “on the floor”.

The Garda Cultural Audit, published last May, said there is a need to “fix the basics”, including the garda uniform, vehicles, mobile technology and training.

The survey of more than 6,500 garda members and civilian staff uncovered an organisation with a “disconnect” between senior and junior ranks, fuelled by “disillusionment” and “resentment” at the perceived nepotism and favouritism in promotions.

The audit highlighted high levels of “scepticism and even cynicism” among members of a genuine commitment by management to change the organisation.

The judge points out that 88 members have lost their lives. Coincidentally, his report was published on the third anniversary of the murder of Garda Tony Golden, a uniform member gunned down by Adrian Creven Mackin in Omeath, Co Louth.

Justice Charleton said the gardaí who gave impressive evidence at the tribunal should be held as “exemplars” in the force.

- 2. The second obligation on gardaí is to be “honest”, which would mean that those who rise through the ranks have the respect of those they command.

The clear implication of this will hit gardaí hard. But the statement resonates with the Garda code of ethics, drawn up by the Policing Authority, which is being introduced, albeit with some issues.

The Cultural Audit had found “unwritten rules” in the organisation which included “keeping your head down” and not rocking the boat or challenging things. There was also a sense of camaraderie and sticking with your colleagues and keeping yourself “covered” in terms of demands for accountability.

- 3. The third obligation is for the gardaí “to be visible”. He contrasted the situation here with other European cities: “It is extraordinarily rare that gardaí are seen in uniform on the streets.”

On the face of it, this would tally with frontline associations which have long complained of too few members to operate regular units.

But that’s not how Judge Charleton sees it: “The extraordinary aspect of our police force is that they keep themselves isolated in police stations and then transport themselves around in squad cars.”

He added: “This is not a small matter. If it is said that gardaí are too busy to be out on foot or on bicycles, the tribunal begs to doubt that. Everyone serving in the police should give a portion of the day to foot and bicycle patrols.”

The need to be visible tallies with the work of the Garda Inspectorate, the Policing Authority and particularly the Policing Commission, which recommends that all local gardaí be seen as community gardaí and respond to its needs.

The now 800 annual recruits (net increase of 500 members) should be addressing this lack of visibility, but it is still taking time to have a noticeable effect. But Justice Charleton doesn’t buy the problem being a lack of numbers — but a lack of will.

- 4. The fourth obligation on gardaí is to be “polite”.

This is a long-running issue for the Garda Ombudsman, which has consistently flagged this issue and how it needs to be addressed internally in the organisation.

- 5. The fifth obligation is to “serve the people of Ireland”.

Judge Charleton said every police officer should ask themselves what they have done every day for the public. “Diligence and application to duty are expected of all: not moaning,” he said.

- 6. The sixth obligation is for the organisation as a whole: to treat the obligation to serve the public “as superior” to any sense that individual gardaí should stick up for each other.

“An Garda Síochána must become a place where incompetence is not covered up, where laziness is called to account and where people respect their senior officers,” he said.

All of these comments must cut deep into gardaí. But it should be said that over the years, many members have privately expressed to the Irish Examiner their deep frustration at the poor work ethic of some members; the lack of consequences they face; and how they can be tarnished by others.

Again the Policing Authority has been trying to push the organisation to bring in a performance management system, that will support gardaí as well as sanction them if necessary.

- 7. The seventh obligation is self-analysis. The judge said the organisation must be able to conduct a preliminary and thorough analysis of issues that arise.

He said senior officers “ultimately” have responsibility and added: “What has been missing in the past is the command structure of An Garda Síochána calling itself to account.”

He said it follows from all of this that there is an obligation on gardaí “to be a disciplined force”.

He said that as Justice Morris commented 12 or more years ago, it is “far too difficult” to dispense with gardaí who are unsuited to police work or who are just not prepared to work.

He said those subject to ill-discipline should be subject to correction by senior officers without the need to resort to elaborate structures akin to a trial. He called for a simplified discipline code.

In his statement, Mr Harris said he is setting up a group to look at the recommendations, from a policy, process, discipline and cultural perspective. If he seeks to implement the discipline changes the judge is calling for he could clash with frontline associations.

If things are to change, it will take a long time. It will take a concerted drive by Mr Harris and those around him, and active independent oversight.

And it cannot be all stick. There is a need to address legitimate concerns of frontline members — resources, training, equipment, support, supervision and promotion — as well as work pressures, bureaucratic overload and strain of senior officers.

That will make it easier to change things that have dogged the force: discipline and culture, work ethic and standards, openness and duty to the public, proper management and leadership.

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