It certainly is not nonsense. She is the protector of the constitution. If the appointment appears to be unconstitutional she may call the COS.
She called the COS on the nursing home issue to discuss its constitutionality.
That is the last I am saying on that as I do not want it to take away from that big word favoured by counsel -when they get lost or tongue tied in the middle of a case and need time while they find their notes- the substantive issue.
The appointment of the Chairman of a Commission as important as the GSOC is a very very important decision and if incorrectly done could impinge on the credibility of the whole commission.
The GSOC is in enough of a crisis at the moment.
They are way behind in their investigations, by their own admission they have only opened three inquiries in the public interest and by their own admission do not know when they will conclude these investigations.
QUOTE:[COLOR="Red"]Investigations of this nature are complex and time-consuming. As a consequence GSOC does not indicate the possible length of time it might take to bring any one of the investigations to a conclusion.[/COLOR]
GSOC - Garda Sochna Ombudsman Commission.
Only 3 public interest inquiries opened in all their time and not one concluded. What sort of a message does that convey?
Would they have opened an inquiry on Donegal if they were established at the time?
Will they open a public interest inquiry on the Serious issues in the Cavan/monaghan Garda Division
Will they open a public interest inquiry in the case of the Garda who stopped the Minister for Justice in a speeding state car
Will they open a public interest inquiry into the treatment of a Sergeant in Clare following the murder of three persons in Clare by Brendan O'Donnell?
I know of one instance where a complainant was contacted by the GSOC over twelve months ago to state that they were commencing an investigation into their complaints.
11 months later the same complainants, following public exposure- received a communication from the GSOC stating that they were about to commence deciding if the complaint was admissible.
That's a disgrace and shows me that the GSOC are prepared to brush complaints under the carpet where the complaint would impinge on the Garda hierarchy or the Government departments.
And will only resurrect it again when the heat comes on.
The manner of the appointment of Dermot Gallagher will further affect a commission that is already in crisis and will further affect the credibility of the commission and affect the credibility of the Chairman.
In its present crisis the GSOC needs to be seen to be totally independent and needs to be seen to be led by a Chairman who is totally independent and who is well experienced in such matters.
My conclusion: The GSOC needs a totally independent Chairman with outstanding qualifications in this field who has not been pally wally with government ministers down through the years who is democratically appointed in an open and transparent manner.
Dermot Gallagher does not fall into that category