Launch of IHRC Policy Statement
Human Rights Compliance of An Garda Síochána
Address by
Dr Maurice Manning
President of the Irish Human Rights Commission
It is my great pleasure today to launch the Irish Human Rights Commission’s Policy Statement on the Human Rights Compliance of An Garda Síochána. By issuing the recommendations in this Policy Statement the Commission aims to support An Garda Síochána and the Minister for Justice, Equality and Law Reform to improve An Garda Síochána’s compliance with national and international human rights law and best practice.
Let me first describe the process which the Commission has undertaken in developingthis Policy Statement. In order to assist further in the promotion of a culture of human rights in policing the Commission contracted Professor Dermot Walsh of the University of Limerick to undertake a study on the compliance by An Garda Síochána with human rights standards in law, policy and practice.The result of this commissioned research,Human Rights and Policing in Ireland: Law, Policy and Practice, published by Clarus Press represents an important contribution to research in this area.
This study is, I believe, a landmark publication. It sets out in a clear, detailed and authoritative form just what the human rights standards in policing are; it examines how these standards have been met – or not met – in the past; how they operate today and what changes are needed to meet highest international standards. This scholarly, but very accessible study will be an essential element not only in training and education, including continuing education within the Garda system, but also in shaping opinion and practice at many levels – judicial, administrative, political and media. The Commission has been significantly informed by the work of Professor Walsh and I would like to acknowledge his presence here today and thank him for this excellent publication.
In saying that I must make it clear that the recommendations in the Commission’s Policy Statement are our own, representing the views of the Commission on the measures that should be taken to strengthen, protect and promote human rights in the law, policy and practice of policing in Ireland.
An Garda Síochána has a long and proud tradition in policing. Its expertise has been drawn on at an international level where An Garda Síochána has played a lead role in the establishment of new police organisations in developing countries and post-communist countries.
It is salutary to An Garda Síochánathat a public attitudes survey carried out by the force in 2008 demonstrates that overall satisfaction with Garda service to the community stands at 81 per cent. However more can be done to strengthen how the police serve our community.
As has been acknowledged in our neighbouring jurisdiction through the Patten Report, a product of the Good Friday Agreement, the fundamental purpose of policing should be the protection and vindication of the human rights of all. The Patten report is recognised as seminal in the way it sets out how human rights standards can be incorporated as a central element of policing policy and practice.
An Garda Síochána as an institution holds a specific responsibility to uphold the rule of law and safeguard the lives and safety of people in a way that protects human rights standards and complies with best practice. We know that in fulfilling this role Gardaí are all too often exposed to stresses, pressures and manifest dangerin the course of carrying-out their duty. The recent tragedy in Donegal makes that all too clear.
Gardaíalso have certain powers and discretion in the exercise of such powers in the course of carrying out their duty.This is why it is of vital importance that human rights standards,with robust safeguards, are built into the policy and practice of policingin a way that protects the individual and the police officer.
There is ample evidence that the force itself is already taking significant steps in the area of human rights and policing. Welcome reforms are taking placewithin An Garda Síochánaand the Commission considers that the publication of our recommendations is timely in light of these ongoing efforts. Ten years have passed since An Garda Síochána launched its own human rights initiative in 1999 and five years have passed since the Ionann Management Consultant Report auditing human rights within An Garda Síochána was completed in 2004. Resulting from the Ionann Report the Garda Action Plan and three Status Reports have been published outlining reforms that have been undertaken or are ongoing. Furthermore, the Garda Síochána Act 2005 introduced some fundamental human rights reforms. The Morris Tribunal established in 2002 concluded its work in 2008 having issued eight reports which include extensive recommendations. Significant advances will be made in the development of a human rights compliant police service if the recommendations in the Reports of the Morris Tribunal are fully implemented.The Commission acknowledges and commends An Garda Síochána for the positive human rights based reform processes that have been completed or are underway, and in issuing these recommendations aims to sustain the reform agenda.
However, the Commission is of the view there is much of an urgent and fundamental nature that remains to be done to make An Garda Síochána more transparent and accountable, in line with international human rights law and best practice.
In saying this, the Commission is very conscious that discussions on human rights and policing can become a one way process. We are very insistent in our statement that Gardaí have human rights too and that these rights must be spelled out with the same clarity and weight as all other rights and protected with the same rigour as all other rights.
The Commission today makes 36 recommendations in a broad range of areas including:transparency in Garda policies and practices; training and development; accountability; policing and the community and, as I mentioned, the rights of Gardaí.
The Commission considers that all sections of the Garda Code and Garda operational policies and practices should be human rights proofed and should be published, with the exception of some security related procedures. Without publication it cannot be assessed whether adequate and effective safeguards exist to avoid arbitrary interferences with human rights. Not publishing the Garda Code and Garda operational policies runs counter to developing an open and transparent police service and falls short of best international practice. Publication of the Garda Code and Garda operational policies and human rights proofing of these key policies is of crucial importance to improve An Garda Síochána’s human rights compliance.
In addition, key Garda powers such as arrest, stop, search and questioning should be subject to specific human rights based codes of practice which inform Garda decisions and regulate Garda powers in a transparent and human rights compliant manner. The inclusion of An Garda Síochána within the scope of the Freedom of Information legislation is a further important reform that is required and has been called for by the Information Commissioner. The Commission strongly supports this view and regards this measure as key to fostering a culture of greater transparency and openness.
Effective oversight bodies, coupled with transparency and internal regulation, are core mechanisms of accountability. The establishment of the Garda Síochána Ombudsman (GSOC) marked a historic step in putting human rights at the centre of Irish policing.GSOC is an essential oversight mechanism to ensure the effective investigations of any alleged criminal activity or serious misconduct by a member of An Garda Síochána. GSOC should be sufficiently resourced to carry out its functions effectively and supported by Garda management to foster a culture of acceptance of the legitimate and vital role GSOC plays.
Ensuring the accountability of the police to the community which they are serving is also of central importance. The Commission is of the view that any engagement or partnership structures that are developed should be transparent and inclusive of the widest range of community groups, particularly in communities which have a great deal of contact with the Guards.
The Commission considers that in a period of reform, external independent advice on human rights is essential. The Strategic Human Rights Advisory Committee (SHRAC), on which the Commission is represented, is playing a very valuable role in advising the Garda Commissioner and Senior Garda management. The Commission is aware that SHRAC has compiled a reportfor the Garda Commissionerwhich contains a broad number of recommendations in three main areas: (1) developing a human rights framework for monitoring the practice and actions of An Garda Síochána, (2) progressing human rights compliance through training, learning and development, and (3) human rights proofing and auditing of policies, procedures and guidelines. The Commission recommends that prompt action is takenon foot of the SHRAC Report.
Furthermore, the Commission considers that more avenues to offer independent advice to An Garda Síochánaare needed. The Commission supports the Morris Tribunal’s recommendation for a national committee to make policy recommendations to Garda management on investigative interviewing and we would go further by recommending that such a model could be replicated in other areas of operational policing.
Management structures play a vital role in embedding a culture of human rights in the Gardaí. The Commission welcomes the designation of the Assistant Commissioner for Professional Standards as Human Rights Champion. However, to be fully effective such a Human Rights Champion should, as far as possible, have a full-time human rights portfolio. In addition, retaining adequate legal human rights expertise is essential in ensuring proper human rights proofing of all Garda policies and procedures.
The Commission considers that training and development are essential to building a culture and ethos of human rights in An Garda Síochána. While the Commission welcomes current human rights training initiatives, it would like to see human rights standards integrated in all aspects of Garda training and professional development and see the curriculum made appropriately accessible so that progress can be monitored.
Ireland is an increasingly diverse society and An Garda Síochána must be at the forefront in countering discriminatory or racist attitudes or behaviour. While the Commission welcomes the significant Garda diversity training initiatives that are already underway, any incidence of racially motivated misconduct should form an explicit disciplinary offence in the Garda Síochána (Disciplinary) Regulations 2007.An Gardaí Síochána should also be reflective of the community at large. The Commission is concerned that women account for a small percentage of the force (21%) and that their proportion decreases further as rank increases. A more coherent and transparent recruitment policy and further targeted action is needed to ensure equality and diversity is achieved.
To conclude then, the Commission recalls that at the core of effective policing is respect for human rights, which at the most basic level is respect for the human dignity of every individual. Progress has been made towards a human rights based approach to policing in Ireland. However, further fundamental improvements are required. It is crucial that the momentum for change is sustained. As noted in the Ionann Report, the process of embedding human rights standards in An Garda Síochána must not be viewed as a once off exercise; it is a constant and evolving process.The recommendations in the Commission’s Policy Statement are underpinned by core principles and human rights standards, in particular, the need for greater openness, transparency, accountability and diversity within the police service.
The IHRC looks forward to further engagement with those involved in both the policy and practice of policing in Ireland, including senior management of An Garda Síochána, members of An Garda Síochána and the Minister for Justice. The Commission has considerable expertise in the field of human rights and in this regard An Garda Síochána may wish to consider utilising this expertise as it continues progress in this area.
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