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THE government will not allow the Garda Siochana Ombudsman Commission to publish reports on matters of public interest, but has agreed to give it extra powers to make it more efficient.
Dermot Ahern, the justice minister, has agreed in principle to give the garda ombudsman most of the extra powers it requested in a report to the government last February. They include the right to hold preliminary investigations into claims of malpractice and wrongdoing by gardai.
The ombudsman is not permitted to investigate events which lead to complaints against gardai to establish whether they require formal investigation. The commission has also been told that it will be given the right to refer or “leaseback” low-level complaints to garda headquarters for investigation to free up its staff.
The commission told the government that its operations are being severely hampered by the large volume of minor and low-level complaints it receives every day. It is envisaged that senior gardai will carry out such investigations under the supervision of senior officials from the commission.
The ombudsman has had 4,050 complaints from members of the public and 332 referrals from Fachtna Murphy, the garda commissioner, to date. It is overseeing 1,064 investigations into allegations of criminal conduct by gardai and detectives, of which 439 are classified as “live”. It has sent more than 25 files to the Director of Public Prosecutions and is preparing more. The Association of Garda Sergeants and Inspectors has described the “leaseback” proposal as deeply flawed. Joe Dirwan, its president, said his organisation would oppose the move because the public were entitled to have complaints handled by the commission.
“The garda ombudsman was set up for independent investigations. If this proposal is granted, it will draw on garda resources,” he said. “Superintendents and inspectors will be asked to carry out these investigations when they should be investigating criminals.” Gardai and the public must have confidence in the ombudsman, he said.
Kieran Fitzgerald, for the commission, said it believed its resources were “best deployed tackling issues of real importance to individuals in the community”. He declined to comment on the decision not to allow the commission to publish reports.
The commission was set up by Michael McDowell, the former justice minister, in May last year to help restore public confidence in the force after corruption scandals. It was intended to make the force more accountable.

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