Shane Ross (Dublin South, Independent) | Oireachtas source

I find this matter disturbing, particularly in light of the damage being done not as a result of this debate but rather on foot of the incidents that have occurred in the past two days. I also find disturbing the absolute - and perhaps deliberate - lack of clarity which obtains as a result of contradictory and vague statements being made, a lack of information being provided and the use of technical terms that we do not understand. The Minister for Public Expenditure and Reform, Deputy Howlin, indicated this morning that he does not understand the situation and does not know what is going on. I doubt whether he has been enlightened by what happened subsequently today. I endorse what Deputies Niall Collins and Calleary said to the effect that, as a result of public disquiet and concern about what is happening, there is a need for an independent investigation. Public confidence in the GSOC and the Garda is diminishing by the hour. The confidence the public has in this House, politicians or the Government to provide a remedy in respect of this matter has diminished to the point where it is now close to zero.

Instead of adopting partisan positions in the context of the warring parties, it would be better if the Government were to say that it wants to detach itself from this matter and put in place a credible investigative body. As Deputy Mac Lochlainn said, the membership of such a body should include individuals from outside the State. Indeed, its entire membership could be made up of such people. When it has concluded its investigation, the body could inform us what - in its unbiased opinion - really happened.

What we have witnessed in the past 24 hours is unprecedented. There has been an outburst of megaphone diplomacy involving the Garda Commissioner, the head of the GSOC, politicians and individual gardaí who are the heads of Garda representative associations. What some of those to whom I refer have done is turn logic and ethics upside down and, when they saw a weakness, waded in to attack an organisation which is independent. This indicates that politicians, the Garda and the establishment in general have, as Deputy Creighton noted, never liked independent organisations. When such organisations are perceived to have made mistakes - this is not necessarily true in this instance - they put the boot in and take advantage.

The so-called mistake here relates to why the GSOC did not report to the Government or the Garda with regard to what happened or in respect of the results of its investigation or of the operations it set in motion in order to discover whether its offices had been bugged. Why did the GSOC decide not to report? There are two reasons for this. First, because it concluded - as the Government has apparently done - that there was nothing to report and nothing had happened. The GSOC could not report if there was nothing to report. The second reason for the GSOC not reporting is that it did not trust those to whom it was supposed to report. I am of the view that both reasons are unsatisfactory. The impossible and unacceptable scenario - the abyss - is that the GSOC did not trust the Garda or the Government enough to report to them. It is my guess that regardless of whether it had anything to report, the latter is the case. I am of the view that relations between this independent body and the establishment have broken down to such an extent that the former does not trust the latter.

I am also of the view that the GSOC expected that if it had reported, it would have received precisely the reaction to which it has been subjected to date, namely, it would be attacked with relish. The reaction in question has been unseemly. As Deputy Clare Daly said, this body has proved itself to be independent and honourable in the past. It may not have been particularly effective but one is beginning realise that this may be because it has been continually frustrated. That is why there is a case for calling for an independent inquiry. There is no justification for allowing the Garda to investigate those responsible for overseeing its activities.

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