Is An Garda Síochána Accountable to the Irish People?

• Date: 01 January 2015
• Author: Denis S. Kennedy

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Is An Garda Síochána accountable to the

Irish people?

DENIS S. KENNEDY

Introduction

An Garda Síochána has been the unitary police force of the southern Irish

state since 1923.1 Manning argues that An Garda Síochána epitomises the

relationship the State has with the Irish people, stating “An Garda Síochána

… [has] a unique history and function … [and] a powerful connection to

the emergence of Irish culture and the independent nation.”2 Consequently,

An Garda Síochána’s continued public support is dependent upon the

condence the Irish population possesses for its practices and accountability

in protecting fundamental human rights.3 Effective police accountability

measures derive from many sources such as: the law of tort, the law of

evidence and the judicial review remedy.4 However, the constraints on this

article require focus to be placed upon two crucial areas within the Irish

criminal justice process needing precise accountability measures; namely,

internal Garda discipline procedures and the detention of suspects at

Garda stations. These areas are pivotal in the process because they both

possess the power to transmit condence to the public that appropriate

procedures are being observed. To conduct this analysis, the article is

divided into three parts. Part one assesses An Garda Síochána’s internal

disciplinary regulations and the regulations on the detention of suspects.

After comparing the equivalent instruments in England and Wales, part

one argues that the absence of dened procedural guidelines for An Garda

Síochána contributes to insufcient accountability. Part two argues for

increased oversight by examining the legislative foundation of the Garda

Síochána Ombudsman Commission [hereinafter the Ombudsman]. Part

three critically assesses the Ombudsman’s role in ensuring Garda Síochána

accountability and argues that the Ombudsman is not adequately involved

in complaints lodged against Gardaí.

1 Garda Síochána (Temporary Provisions) Act 1923 (No. 37), s.2 (1)

2 Peter K. Manning, “Trust and accountability in Ireland: the case of An Garda Síochána”

(2012) 22(3) Policing and Society: An International Journal of Research and Policy

346, p.350

3 Garda Síochána Act 2005, s.7(1)(c)

4 Dermot P.J. Walsh, Human Rights and Policing in Ireland: Law, Policy and Practice

(Dublin: Clarus Press, 2009), pp.314–320

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