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Garda Síochána Ombudsman Commission

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Garda Síochána Ombudsman Commission
Irish: Coimisiún Ombudsman an Gharda Síochána
Agency overview
Formed9 May 2007; 17 years ago (2007-05-09)
Preceding agency
  • Garda Síochána Complaints Board
JurisdictionIreland
Headquarters150 Upper Abbey Street, Dublin 1
MottoInquiry, Independence, Impartiality[Note 1]
Agency executive
Websitegardaombudsman.ie

The Garda Síochána Ombudsman Commission (GSOC) (Irish: Coimisiún Ombudsman an Gharda Síochána) is an independent statutory body in Ireland charged with overseeing the Garda Síochána, the national police force. It is a three-member body established under the Garda Síochána Act 2005 to deal with complaints from members of the public about the conduct of Gardaí (police officers).

The commission was established in December 2005, and replaced the Garda Síochána Complaints Board. The Commission has more powers than its predecessor and, unlike the Complaints Board, it is not made up of members of the force. The first three commissioners were appointed in February 2006 and the commission commenced hearing complaints in May 2007.

The current chairperson is Rory MacCabe, who was appointed in January 2022.[1]

Powers, functions and membership

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It is empowered to:

  • Directly and independently investigate complaints against members of the Garda Síochána
  • Investigate any matter, even where no complaint has been made, where it appears that a Garda may have committed an offence or behaved in a way that would justify disciplinary proceedings
  • Investigate any practice, policy or procedure of the Garda Síochána with a view to reducing the incidence of related complaints

The GSOC is mandated to provide an independent and effective civilian oversight of policing and to deal with the public's complaints concerning Gardaí fairly and efficiently so that everyone can have confidence in the complaints system.

Three people make up the GSOC. As of January 2022, the commissioners are Rory MacCabe, Emily Logan and Hugh Hume.[2]

In budget 2019 GSOC's budget was increased and additional staff were allocated with the Minister for Justice expressing his confidence that this would help it function.[3]

Annual reports

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2007

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GSOC deal with many complaints each year. According to its 2007 Annual Report, in its first year the GSOC received 2,084 complaints from members of the public and 294 referrals from the Garda Commissioner. A total of 556 allegations were deemed inadmissible. Since the inception of the office, the GSOC had sent nine files to the Director of Public Prosecutions (DPP), five of which the director decided not to proceed with prosecution. A decision on the other four were pending.[4]

Corrib gas controversy

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Because of the large number of complaints in 2007 from County Mayo, arising from protests linked to the Corrib gas controversy, the Commission wrote to then Minister for Justice, Equality and Law Reform Brian Lenihan requesting a review of how the protests were policed under section 106 of the Garda Síochána Act. The minister said he "did not feel it was appropriate to proceed".[5][6][7] His successor Dermot Ahern gave a similar answer in the Dáil when the request was repeated by Sinn Féin two months later.

The GSOC recommended that disciplinary action be taken against an unnamed senior member of the Garda Síochána in relation to the handling of a Shell to Sea protest in north Mayo. The GSOC investigation was undertaken under section 95 of the Garda Síochána Act 2005, after receipt of complaints over Garda handling of a protest at Pollathomas pier in June 2007. Some 20 civilians and two Gardaí were injured when a landowner objected to trespass on his property by contractors for Shell EP Ireland. Some 68 Gardaí were contacted by the GSOC, a move criticised by the Association of Garda Sergeants and Inspectors.[8]

The GSOC had received up to October 2009 a total of 111 complaints in regard to policing of the protests, of which 78 were deemed admissible. The DPP was sent seven files[9] but did not authorise criminal prosecution of Gardaí in any of the seven cases.

2008

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In 2008, a total of 4,227 allegations arose from 2,681 complaints. Allegations of abuse of authority, neglect of duty and discourtesy constituted 75 per cent of complaints received. Assault accounted for 13 per cent. A total of 1,360 allegations were deemed inadmissible. The 2008 report revealed that 31 files were sent to the Director of Public Prosecutions (DPP), identifying 44 potential defendants. The DPP gave 11 directions for prosecution. One Garda was convicted of dangerous driving, arising from a GSOC investigation of an incident in 2007. Ten others were awaiting court dates at the end of 2008, the report said. The DPP gave 30 directions for no prosecution. The GSOC received 129 referrals from the Garda Commissioner, in cases in which it appeared to the commissioner that the conduct of a Garda may have resulted in the death of, or serious harm to, a person.[10]

2011

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In February 2011 the Commission rejected allegations by the Garda Representative Association that it behaved in an "excessive and oppressive" manner when gathering evidence in the case of a Garda who was charged with assault.[11][12]

2012

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In December 2012, the GSOC exercised its powers of arrest for the first time, detaining a County Galway Garda for questioning in relation to an allegation of sexual assault.[13]

2014

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In March 2014, the GSOC was reported to be investigating a case in which a mother-of-one, who was viciously assaulted in Galway, says a Garda lied to her about the scheduling of a number of court dates for the case.[14]

In May 2014, the GSOC was reported to be investigating the death of a teenager whose body was found in a stream close to the Sallybrook estate of garda superintendent Michael Leacy in Dungarvan, County Waterford. The boy, who was reported to have "received injuries", was described as "a quiet young lad" who "loved music and football, like any lad" and who was "doing a course in sports and recreation" at the time of his death.[15]

In May 2014, the GSOC was reported to be investigating a fatal car crash which occurred after Gardaí followed a car in Dublin.[16]

Surveillance controversy

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Main article: 2014 GSOC bugging scandal

On Sunday 9 February 2014, the Irish edition of The Sunday Times led with a story written by journalist John Mooney.[17] In it he outlined how the Garda Síochána Ombudsman Commission had suspected that it was under surveillance. Mooney explained how GSOC had hired the services of a UK counter-surveillance firm, Verrimus, to investigate.[18]

A briefing, given to Justice Minister Alan Shatter was subsequently leaked to the media, outlining the investigation.[19]

2015

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The chairman of GSOC, Simon O'Brien, resigned his job from 30 January to take up a position with the Pensions Ombudsman Service in the UK. There had been calls for his resignation by Alan Shatter and representatives of the 1,000 rank-and-file Gardaí based in Dublin's South Central Division over the Surveillance controversy.[20]

In March 2015, "based on the level of public disquiet it generated" it was announced that GSOC would investigate an incident whereby a homeless man was handcuffed, pepper sprayed and trampled on by a Garda on Henry Street.[21]

In November 2015, footage emerged of a civilian being attacked with a police baton in County Wexford. The matter was referred to GSOC.[22]

In the same month a young man died while in police custody at Dublin Airport. The matter was also referred to GSOC.[23]

2016

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In February 2016, it was reported that the wife of former garda press officer Superintendent David Taylor made a complaint to GSOC over a failure to preserve evidence.[24]

In May 2016, the Irish Examiner reported that GSOC queried the independence of the inquiry that produced the Guerin Report and attempted to have it extend its timeframe of investigation so as to complete its work more thoroughly.[25]

Commissioners

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  •   denotes chairpersons
Name Term of office
Kevin Haugh February 2006 – January 2009[26][27]
Conor Brady February 2006 – December 2011[28][29]
Carmel Foley February 2006 – December 2016[28][30]
Dermot Gallagher April 2009 – December 2011[31][29]
Simon O'Brien December 2011 – January 2015[32][33]
Kieran Fitzgerald December 2011 – February 2021[34]
Mark Toland December 2016 – November 2017[35]
Patrick F. Sullivan July 2018 – February 2021[34]
Mary Ellen Ring August 2015 – December 2021[36]
Emily Logan February 2021 – present[2]
Hugh Hume February 2021 – present[2]
Rory MacCabe January 2022 – present[1]

Controversies

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2023

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Following the murder trial for David Byrne in April 2023, during which Gerry Hutch, a member of the Hutch Crime family from Dublin, was found not guilty;[37] a senior GSOC investigator resigned following reports the individual had attended a house party hosted by Mr Hutch following the verdict. It is reported that the individual disclosed the fact to colleagues. The conflict of interest and resignation triggered a Garda investigation into GSOC. Separately, as of April 2023, four members of the Garda Síochána have been suspended pending investigation of leaks of confidential Garda information to the Hutch family.[38]

See also

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References

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  1. ^ a b "GSOC welcomes appointment of Judge Rory MacCabe as new Chair". Garda Ombudsman. Retrieved 24 January 2022.
  2. ^ a b c "Ombudsman Commissioners 2022". Garda Ombudsman. Archived from the original on 20 June 2020. Retrieved 24 January 2022.
  3. ^ "Garda Síochána Ombudsman Commission Funding Dáil Éireann Debate, Thursday - 16 May 2019". Houses of the Oireachtas. Archived from the original on 24 October 2019. Retrieved 12 June 2019.
  4. ^ Annual Report, 2007
  5. ^ Hickey, Shane (2 May 2008). "Complaints range from discourtesy to alleged assault". Irish Independent. Archived from the original on 3 September 2012.
  6. ^ "The Mayo News". Archived from the original on 19 July 2011. Retrieved 23 September 2008.
  7. ^ Irish Times, 16 May 2008
  8. ^ "Watchdog recommends disciplining senior garda – The Irish Times – Fri, Oct 30, 2009". The Irish Times. 30 October 2009. Archived from the original on 18 February 2011. Retrieved 12 November 2009.
  9. ^ "DPP sent seven files on Corrib policing – The Irish Times – Tue, Nov 03, 2009". The Irish Times. 3 November 2009. Archived from the original on 27 October 2010. Retrieved 12 November 2009.
  10. ^ "Abuse of authority is main complaint to Garda watchdog – The Irish Times – Fri, May 29, 2009". The Irish Times. 29 May 2009. Archived from the original on 18 October 2012. Retrieved 12 November 2009.
  11. ^ Lally, Conor (9 February 2011). "Ombudsman rejects gardai 'heavy-handed' claims". The Irish Times. Archived from the original on 11 February 2011. Retrieved 9 February 2011.
  12. ^ "Ombudsman rejects behaviour claims from GRA". RTÉ News. 8 February 2011. Archived from the original on 9 February 2011. Retrieved 9 February 2011.
  13. ^ "Garda watchdog makes its first arrest", The Irish News, 12 December 2012
  14. ^ Byrne, Brian (5 March 2014). "GSOC probes complaint that garda 'lied' to assault victim". Irish Independent. Archived from the original on 27 March 2014. Retrieved 5 March 2014.
  15. ^ Feehan, Conor; Foy, Ken (16 May 2014). "Teenager dies at garda's house". Irish Independent. Archived from the original on 17 May 2014. Retrieved 16 May 2014.
  16. ^ "GSOC investigating fatal Dublin car crash". RTÉ News. 29 May 2014. Archived from the original on 29 May 2014. Retrieved 29 May 2014.
  17. ^ "GSOC under high-tech surveillance - The Sunday Times". The Sunday Times. Archived from the original on 22 February 2014. Retrieved 17 February 2014.
  18. ^ "Verrimus - Privacy Protected". Archived from the original on 6 January 2014. Retrieved 17 February 2014.
  19. ^ "Gsocstatement". Archived from the original on 22 February 2014. Retrieved 17 February 2014.
  20. ^ Williams, Paul (8 January 2015). "GSOC chairman resigns to take up position in the UK". Irish Independent. Archived from the original on 2 April 2015. Retrieved 8 January 2015.
  21. ^ "GSOC to investigate incident involving garda and homeless man". Irish Examiner. 18 March 2015. Archived from the original on 20 March 2015. Retrieved 18 March 2015.
  22. ^ "GSOC probe launched after shocking footage shows Garda using baton". Irish Independent. 13 November 2015. Archived from the original on 17 November 2015. Retrieved 15 November 2015.
  23. ^ "Man dies in custody at Dublin Airport". RTÉ News. 14 November 2015. Archived from the original on 15 November 2015. Retrieved 15 November 2015.
  24. ^ "Former garda press officer in court battle with Garda Commissioner". RTÉ News. 29 February 2016. Archived from the original on 1 March 2016. Retrieved 29 February 2016.
  25. ^ McEnroe, Juno (16 May 2016). "GSOC raised questions about independence of Guerin report". Irish Examiner. Archived from the original on 17 May 2016. Retrieved 17 May 2016.
  26. ^ "No. 13 – 157 - 166" (PDF). Iris Oifigiúil. 14 February 2006. Retrieved 24 January 2022.
  27. ^ "Justice Kevin Haugh dies aged 64". The Irish Times. Retrieved 24 January 2022.
  28. ^ a b "2007 Annual Report". GSOC. Retrieved 24 January 2022.
  29. ^ a b "Shatter announces Government's nominees for Garda Síochána Ombudsman Commission (GSOC)". Justice.ie. Retrieved 24 January 2022.
  30. ^ "New Garda Síochána Ombudsman Commission ready to take on a new decade: Appointment of Ms Justice Mary Ellen Ring, Dr Kieran FitzGerald and Mr Mark Toland recommended by the Oireachtas - Garda Ombudsman". Garda Ombudsman. Retrieved 24 January 2022.
  31. ^ "Annual Report 2009". GSOC. Retrieved 24 January 2022.
  32. ^ "Garda Síochána Ombudsman Commission - 2015". State Boards. Archived from the original on 15 September 2015. Retrieved 24 January 2022.
  33. ^ "Controversial GSOC chairman Simon O'Brien quits". independent. Retrieved 24 January 2022.
  34. ^ a b "Ombudsman Commissioners 2020". Garda Ombudsman. Archived from the original on 20 June 2020. Retrieved 24 January 2022.
  35. ^ "Garda Ombudsman Commission". www.gov.ie. Archived from the original on 23 November 2021. Retrieved 24 January 2022.
  36. ^ "Cabinet approves nomination for Chairperson of the Garda Síochána Ombudsman Commission". www.gov.ie. Retrieved 24 January 2022.
  37. ^ Reynolds, Paul. "Gerard Hutch found not guilty of murder of David Byrne at Regency Hotel". RTE.
  38. ^ Reynolds, Paul (21 April 2023). "GSOC inquiry under way after investigator resigns". {{cite journal}}: Cite journal requires |journal= (help)

Note

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  1. ^ On its website it is styled without the commas.
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