Commissioner Kieran FitzGerald:

I will augment that point. With regard to informant handling issues raised by the Chairman, it is important for us to make a distinction. There is a danger that we perceive the discussion and debate to be framed in the context of State security and all informant handing issues pertaining to those very sensitive issues, about which there are real and proper rules and cautions. We absolutely accept that.

The points we made do not necessarily relate to issues which touch on those matters. It is important to make that distinction and that sight of that is not lost in future deliberations of the committee. One also needs to distinguish between the fact that people provide information on an informant basis, which is sometimes registered in the CHIS system and which is a form of policing.

If something is off the books, we see no reason that should happen and we can find no justification for such an event to happen. It is of concern that it is not addressed until the point at which it becomes a problem, which is usually in court, in which case everyone has a mess on their hands. It is not good for public confidence in the entire system of justice.

I draw the attention of the committee to the fact that public spirited individuals occasionally provide a piece of information to the Garda. For example, someone may have seen someone with a set of tools going at the back door of a house. They are not informants in the normal sense. Rules need to be written to cover such cases in order that an ordinary garda, who is not involved in informant management at a senior or serious level, knows he she does not have to become bogged down in a bureaucratic rigmarole of paperwork overtaking such pieces of information.

There is a likelihood that confusion will arise and it is important we distinguish between such cases on paper for gardaí who should be properly trained. They are a few of the issues the committee should bear in mind during its deliberations, if indeed they address the issues it raised.