Garda whistleblowers will be encouraged to come forward in order to guarantee the “highest standards” in Irish policing, a new code of ethics has set out.
Supports provided for gardaí "speaking up against wrongdoing or poor practice" are among nine core standards set out in a document produced by the Policing Authority and published on Monday.
It has, however, drawn criticism from the Garda Representative Association (GRA), accusing it of bearing "the hallmarks of authoritarian orders imposed onto a demoralised workforce".
The “Code of Ethics for the Garda Síochána” will apply to every level of the force and may be referred to in court and during disciplinary proceedings.
“No area, however sensitive, should be beyond the reach of the code,” it states.
Its creation follows a series of policing controversies in recent years and seeks to underpin existing values and standards among members. Much of the document relates to the issue of gardaí being able to “speak up”.
‘Duty to speak openly’
“There is a duty to the public and to the organisation to speak openly within the organisation about things that could be done better or should not be done at all,” it says.
“There is also a corresponding duty to respond with openness and encouragement to those who speak up, with a willingness to acknowledge error, to learn and to change.”
The code will co-exist with the Garda Discipline Regulations and the Civil Code of Standards and Behaviour. It does not replace them.
As a“living document”, it will be reviewed every three years and the Policing Authority expects arrangements to be made for members to make a formal commitment to its observance.
In her foreword, Garda Commissioner Nóirín O’Sullivan said the ethical commitments bring a new perspective to the traditions of garda service.
“However, this new perspective also adds new life to the core values of a proud organisation serving the community since the foundation of the State,” she wrote.
The next phase will be to embed the code into “day to day thinking and actions of the organisation” with an implementation plan to follow.
Key areas
The document is divided into nine key headings - duty to uphold the law; honesty and integrity; respect and equality; authority and responsibility; police powers; information and privacy; transparency and communication; speaking up; and wrongdoing and leadership.
It follows a period of consultation and has its basis in the Garda Síochána Act 2005. A breach of the code is not necessarily one of garda disciplinary regulations but the document states "behaviour that is contrary to the code will often also constitute a breach of discipline".
"We expect gardaí to use the powers given to them in law to protect us, and we also expect them to use those powers proportionately and properly," chairperson of the Policing Authority Josephine Feehily wrote in her own foreword.
“Society asks that those who work in the Garda Síochána demonstrate the highest standards of conduct in their professional and personal lives and this code of ethics reflects that.”
‘Common sense document’
At its launch, Minister for Justice Frances Fitzgerald said the code was not a "book of absolute rules" but a "common sense document" offering guidance.
“Being honest and ethical has always been a core value of An Garda Síochána, if perhaps not articulated quite so clearly in a document like [THIS]one,” she said.
The GRA has not been as welcoming, accusing the Policing Authority of establishing itself as another oversight body, alongside the Garda Síochána Ombudsman Commission (Gsoc) and other institutions.
"The Policing Authority has introduced another layer of disciplinary rules and specific prohibitions unnecessarily through this flawed process," said general secretary Pat Ennis.
“Gardaí are already under oath and subject to common law, the Garda Code and Garda Discipline Regulations - as well as supervision by senior ranks.”
Mr Ennis said a code of ethics should be “implicit in the nature and character of the trainees and should be nurtured rather than dictated”.
