Garda Síochána Ombudsman Commission
Encyclopedia
The Garda Síochána Ombudsman Commission (GSOC) is an independent statutory body in Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...

 charged with overseeing An Garda Síochána, the police force of the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...

. It was established under the Garda Síochána Act, 2005. The Commission deals with complaints from members of the public about Gardaí. It replaced the Garda Síochána Complaints Board. The Commission has more powers than its predecessor, and unlike it, it is not made up of members of the force. It came into being in December 2005. Its first three commissioners were appointed in May 2006. The GSOC commenced hearing complaints in May 2007.

Powers

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 practise, policy or procedure of the Garda Síochána with a view to reducing the incidence of related complaints

Mission

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

Members

Three people make up the GSOC. They are Carmel Foley (former Director of Consumer Affairs), Conor Brady
Conor Brady
Conor Brady was the editor of The Irish Times for 16 years, between 1986 and 2002, having previously edited the Sunday Tribune.-Life:Brady was educated at Cistercian College, Roscrea, Co...

 (former editor of The Irish Times
The Irish Times
The Irish Times is an Irish daily broadsheet newspaper launched on 29 March 1859. The editor is Kevin O'Sullivan who succeeded Geraldine Kennedy in 2011; the deputy editor is Paul O'Neill. The Irish Times is considered to be Ireland's newspaper of record, and is published every day except Sundays...

and author of a book on the history of the Gardaí) and Dermot Gallagher (former secretary general of the Department of Foreign Affairs) who replaced the late Judge Kevin Haugh as chairman.

2007 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.

2008 Report

A total of 4,227 allegations arose from 2,681 complaints. Allegations of abuse of authority, neglect of duty and discourtesy constituted the seveny five per cent of complaints received. Assault accounted for thirteen per cent of the complaints. A total of 1,360 allegations were deemed inadmissible. The 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 member may have resulted in the death of, or serious harm to, a person.

Controversy

In February 2011 it rejected allegations by a group representing almost 12,000 Gardaí that it behaved in an “excessive and oppressive” manner when gathering evidence in the case of a garda who was charged with assault.

Complaints arising from Corrib gas protests

Because of the large number of complaints in 2007 from County Mayo
County Mayo
County Mayo is a county in Ireland. It is located in the West Region and is also part of the province of Connacht. It is named after the village of Mayo, which is now generally known as Mayo Abbey. Mayo County Council is the local authority for the county. The population of the county is 130,552...

, arising from protests at the Corrib gas project, the Commission wrote to then Minister for Justice, Equality and Law Reform Brian Lenihan
Brian Lenihan, Jnr
Brian Joseph Lenihan was an Irish Fianna Fáil politician and barrister who served in the government of Ireland as Minister for Justice, Equality and Law Reform from 2007 to 2008 and as Minister for Finance from 2008 to 2011...

 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". His successor Dermot Ahern
Dermot Ahern
Dermot Christopher Ahern is a former Irish Fianna Fáil politician. He was a Teachta Dála for the Louth constituency from 1987 to 2011...

 gave a similar answer in the Dáil when the request was repeated by Sinn Féin
Sinn Féin
Sinn Féin is a left wing, Irish republican political party in Ireland. The name is Irish for "ourselves" or "we ourselves", although it is frequently mistranslated as "ourselves alone". Originating in the Sinn Féin organisation founded in 1905 by Arthur Griffith, it took its current form in 1970...

 two months later.

The GSOC has recommended that disciplinary action be taken against an unnamed senior member of An Garda Síochána in relation to the handling of a protest over Corrib gas 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.

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 Director of Public Prosecutions
Director of Public Prosecutions
The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several criminal jurisdictions around the world...

were sent seven files but the DPP did not accept evidence for criminal prosecution of gardaí in all seven cases.

External links

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