Conference Report 2016

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CENTRAL EXECUTIVE COMMITTEE REPORT resolve with self-control, often in conditions in which provocation and violence prevail. He needs to have qualities of toughness, tact and humanity. He must be prepared to undertake long and arduous hours of work, often at periods which most of the community set aside for recreation and leisure. “He must on occasions face danger – even mortal danger – and in recent years has often been called on to do so. At other times and in other circumstances his work may be exceptionally monotonous and tedious. A real sense of dedication is needed to ensure for the community a police force that will serve it well.” 3.23 The subsequent British Inquiry into ‘Police Responsibilities and Rewards’ (Sheehy <strong>Report</strong>) reached the conclusion that “policing is a profession”. The practical consequence of this classification was that “comparison with manual or…shop floor workers” was adjudged to be “entirely inappropriate for pay or other purposes”. This Inquiry’s in-depth research also obliged it to acknowledge that many features of the job are particular to policing and necessitate special qualities and skills. It listed a sample of these special features as follows: • the extraordinary nature of police powers, principally the police monopoly on the use of legitimate force • the fact that these powers are most commonly exercised by officers of the most junior ranks • the degree of individual discretion which the law vests in every officer irrespective of rank or length of service • the acute demands which face officers when, for example, they take operational command in public order incidents and emergencies • the sensitive, quite often dangerous and sometimes explosive situations over which the police are expected to exercise control, often at considerable risk to themselves • the exceptionally high level of integrity required by the very nature of policing 3.24 Hardly surprisingly the Inquiry confirmed, like many authoritative sources before it, that these features apply only to the job of the police officer. Subsequently the United States-based independent research organisation the Police Executive Research Forum (1998) broadened this perspective appropriately reminding policy makers and practitioners that: “… as the academic community explain, from its inception, research on the everyday activities of police officers, especially the patrol officers, has stressed the special difficulties facing attempts to define, assess and regulate police work. They include the diffuse functions the police are called upon to perform, the high discretion inevitably afforded the street level operatives, the low visibility of decisions to organisational supervisors, the unpredictable danger encountered that militates against after-the-event second-guessing of splitsecond choices, and the inherently conflict-ridden character of most police interventions making a consensus on the ‘right’ outcome or manner of handling any interaction a matter of perspective. “These findings have been repeated in research in Britain, North America and elsewhere, suggesting it is not a parochial and contingent phenomenon but bound up with the exigencies of policed contemporary urban societies.” Discretion and the Garda Rank 3.25 The use of discretion is an essential part of the police officer’s job. A number of aspects of their work necessitates this. They seldom directly witness the events that they are called upon to respond to and rely on witnesses who, in circumstances either of shock or self-interest, may be perceived to be unreliable. 3.26 Another aspect of the job that accentuates this discretionary responsibility is the difficulty with the direct supervision of their work. Much of what the police do is ‘invisible’ to their supervising or superior officers. They must frequently make on-the-spot decisions about the use of the law and their powers. The job is beset with a fundamental paradox in this regard, as the status of the Garda rank is inversely proportional to their responsibilities. The Garda rank exercises most of the discretionary authority that the police force possesses, often working alone and under pressure to make decisions hastily, which may be subsequently reviewed in hindsight by management, the judiciary and the media. 3.27 This inverse relationship between the power and status of a police officer within the organisation also applies to the status of policing generally within the criminal justice system. Gardaí have lower status than prosecutors, who in turn have less standing than judges. Yet the decisions police make often determine criminal justice outcomes to a far greater 2 Garda Representative Association
Section 1: Pay and Allowances degree than those made by prosecutors or judges. Gardaí frequently have to decide whether the system will be invoked in the first instance and the likely outcome. This paradox puts the criminal justice system standing on its head, as those with the greatest responsibility are subjected to the lowest pay and social status. 3.28 The point was also made in the National Economic and Social Council’s (1984) assessment, when focusing upon the discretionary feature of the garda’s work. A practical and beneficial consequence is that a large proportion of those arrested by the gardaí are not prosecuted. This discretionary power is not just an integral part of the job; it is essential. 3.29 The literal enforcement of the law would lead to massive workloads in the courts, and the intense enforcement of the plethora of regulations would give rise to considerable public hostility. The intelligent use of discretion serves to diffuse and disarm situations that would otherwise be threatening and in effect it contributes directly to the relatively high standing of An Garda Síochána within the community. As the National Institute of Justice at the American Department of Justice concluded (1997), the role of the police in a democratic society is best understood in the context that: “Of all governmental operations, the police function is the most intimate – the daily, varied encounters between police officers and individuals, ranging from routine to traumatic, represent the most visible and powerful interaction between the government and the public. If the police perform their role effectively, society benefits immeasurably; if the police perform their job poorly, the damage to police confidence and democratic principles can be irreparable.” Increased Demands and Responsibilities 3.30 An Garda Síochána is a complex organisation. It encompasses an extensive range of functions, wherein individual gardaí can be assigned to a wide variety of roles. These span from out-of-hours social care to counterterrorism; and all that lies between. 3.31 It is this reality that led the Garda Training Committee to conclude; “the Garda Síochána has become a very complex, highly specialised and centralised institution”. 3.32 To compound the increased complexity and associated specialist diversity, An Garda Síochána is also grappling to cope with an accelerating rate of change in society; not always successfully. 3.33 Ireland’s rapid transition from an agricultural to manufacturing to service-based economy brought all of the implications this revolution has had for urbanisation, legislation, technology, immigration and the character of criminal activity. Relatively recently Ireland has been subject to the array of problems that have long-characterised other western industrialised democracies. 3.34 There is a higher crime rate than existed in a traditionally rural society, decreasing respect for law and authority and a general weakening of the social bonds and consensus that provided stability. Since its foundation in 1922, An Garda Síochána has policed with the consent of the public. The relevance of the principle of ‘policing by consent’, becomes most evident in its absence. 3.35 The problem now facing gardaí is that, in the past, communal forces nurtured a shared set of values. However, these forces have declined in influence and no longer apply in the way that they did when the force was established. Public support for An Garda Síochána remains relatively high. The operational impact of change is that the Force must now rely more on professionalism, adaptability and the commitment of its members. The reality is that recent changes in our environment leave the gardaí grappling to respond appropriately to the: • threat posed by terrorism, organised and armed criminal activity and related illegal product trades • growth of tension and conflict within Irish society, accompanied by a readier recourse to a significantly higher level of physical violence • increased complexity in and professionalism and expertise required on the job, due to rising educational standards and technological advances • increased pluralism of society and cultural diversity • persistent long-term unemployment, giving rise to large disaffected communities • higher legal standards in a society whose awareness of the rights of the individual has become a priority • greater number of often complex enforceable laws 38th Annual Delegate <strong>Conference</strong> 2
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