Policing Bill comes under fire
by Róisín McKane
 
Speaking to the Oireachtas Justice Committee earlier this week, union official Tosh Cowman strongly criticised the legislation and said members were “frustrated and perplexed at the prospect of having their terms and conditions unilaterally changed” by it.
Speaking to the Oireachtas Justice Committee earlier this week, union official Tosh Cowman strongly criticised the legislation and said members were “frustrated and perplexed at the prospect of having their terms and conditions unilaterally changed” by it.

Fórsa has said new Garda Ombudsman powers set down in the Policing, Security and Community Safety Bill are "excessive and disproportionate." The proposed legislation represents the widest ranging reform of policing in many years.

 

Speaking to the Oireachtas Justice Committee earlier this week, union official Tosh Cowman strongly criticised the legislation and said members were “frustrated and perplexed at the prospect of having their terms and conditions unilaterally changed” by it.

 

Under the planned bill, the Garda Commissioner will have sole responsibility for Garda staff, effectively changing the status of members in An Garda Síochána from civil to public servants. Tosh said this was “neither appropriate nor warranted.”

 

As currently drafted, the legislation would also see Garda civilian staff come under the investigative remit of a new policing complaints ombudsman, which would replace GSOC.

 

Tosh told the Committee that the investigative powers which will be afforded to the proposed new policing ombudsman disregard the existing recognised civil service processes and guidelines. "Such investigative powers also raise the question of individual legal challenge and blurs the lines between criminal conduct and internal employment issues,” he said.

 

In September of last year, Fórsa and the Association of Higher Civil and Public Servants (AHCPS) wrote to all members of the Oireachtas justice committee urging them to consult with unions over the proposed legislation.

 

Both unions expressed strong disappointment at the committee’s decision not to engage with them as part of the standard stakeholder engagement on draft legislation. “This legislation has been developed and published without any engagement with the representatives of the 3,000 staff most impacted by this proposed legislation,” they said.

 

Closing his address Tosh urged the committee to consider the concerns raised and asked that a proper engagement structure be put in place to enable much-needed dialogue between the justice department, unions and An Garda Síochána prior to any legislation being contemplated.

 

“We recommend that the proposed elements of the legislation, as it is contemplated for Garda civilian staff, be removed, in order for a structured and coherent industrial relations process to be put in place, where proper engagement and consultation between all parties can be facilitated,” he said.

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