The new Garda inspectorate, or ombudsman, is likely to use retired gardaí to investigate members against whom serious complaints have been made.
This is despite assertions by the Minister for Justice, Mr McDowell, that the new body would have a team of investigators, backed by strong powers, that would be independent of the force. Opposition parties believe the use of retired officers will compromise the independence of the new complaints body's investigative wing.
Labour's spokesman on justice, Mr Joe Costello, said if retired officers were used as investigators "it would be difficult to convince the public that you've changed the spots on the leopard".
The chairman of the Garda Complaints Board, Mr Gordon Holmes, has warned Mr McDowell that if former members of the force were used to conduct investigations they should be "carefully monitored". Mr Holmes told The Irish Times that when the new inspectorate was up and running, gardaí would probably be investigated by their retired colleagues.
He said it is unlikely "anybody but gardaí" would have the skills needed to investigate complaints properly. While using retired gardaí may compromise the new ombudsman or inspectorate "a little bit", its investigative powers could be used fairly and properly "once the right people are found".
"Using retired gardaí is not something which I have a huge problem with. It happened in the case of the investigation into the Reclaim the Streets disturbance, which was the first independent investigation we ever did. And I think, in fairness, we did a very good job on that. I don't think we necessarily need people from other countries coming in [to work as investigators\]."
In the Reclaim the Streets investigation, Mr Holmes said, investigators worked from the Dublin offices of the Garda Complaints Board. This meant he and his staff could monitor their work and liaise with them. A similar arrangement would be needed if former gardaí were employed in the inspectorate.
At present the board does not actively investigate complaints made against gardaí. Instead, the Garda Commissioner appoints officers to inquire into allegations, with the force effectively investigating itself.
Legislation providing for the new ombudsman or inspectorate is due to be published within the next three weeks. Mr McDowell has already indicated that the inspectorate will be a three-person body headed by a retired judge. His spokesman said a retired police officer from another jurisdiction may fill one of two remaining positions.
Fine Gael's spokesman on justice, Mr John Deasy, said because An Garda Síochána was a force of less then 11,000 officers, it would be difficult to find retired officers who had no connection with the member under investigation.
"They might not know the person directly but they may very well know them through other gardaí," he said. If the inspectorate was to be truly independent," it would be staffed by Irish people from a "non Garda" background or police officers from other jurisdictions.
Mr Costello said: "They would be too close to the ethos and the culture [of the Garda\]," he said of retired officers. "They would need to come from a different profession to the one they are investigating."
A spokesman for the Minister said if retired officers were used they would bring expertise to the job. What was expected of them would be made clear from the outset and their previous careers would in no way compromise the inspectorate's independence.
