Mr. Martin Callinan:

I begin by thanking the Chairman and the committee for the opportunity to address them on the special report of the Garda Síochána Ombudsman Commission issued pursuant to section 80(5) of the Garda Síochána Act 2005 on matters relating to informant handling and on the Garda Síochána Ombudsman Commission's annual report for 2012. Before getting into specific detail, I think it might be useful to give a broad overview of some salient issues that I believe will help to give context to our discussions. The first point worth noting is that An Garda Síochána has responsibility for both policing and State security in Ireland. This dual function model is given statutory legitimacy under section 7 of the Garda Síochána Act 2005.

At the outset, I want to briefly explain what is meant by the term "intelligence", in the context of policing. The working definition used by An Garda Síochána is that criminal intelligence "is information gathered, evaluated, analysed and recorded with the objective of providing assistance in the prevention of crime, the investigation of crimes and the prosecution of individuals involved in the commission of such crimes". The objective of the criminal intelligence system is to ensure that all information in possession of Garda members is exhaustively used to prevent and disrupt criminal activity and where possible, to bring criminals, including the planners and strategists, before the courts on criminal charges. Information relating to terrorism and serious and organised crime is gathered largely by the use of covert policing techniques, including the use of informants, and this has resulted in significant successes in tackling illegal and criminal activity by subversives and organised crime.

In 2006, An Garda Síochána introduced a comprehensive organisational policy surrounding the management and use of informants. The system was developed by drawing on the recommendations of the Morris tribunal and by adopting established international best practice. The internationally recognised term covert human intelligence source or its acronym CHIS was adopted by An Garda Síochána to describe the categories of persons who had previously been referred to as "informants". The CHIS policy and procedures deal with all aspects relating to the recruitment, management and use of individuals who provide information to An Garda Síochána on an ongoing basis and expect that this relationship is treated confidentially. In essence, it provides structure and methodology designed to cater for the interests and safety of all parties in this challenging policing discipline.

The expectation of confidentiality on the part of the person providing the information, coupled with the obvious risk to life in the event of compromise, emphasises the extreme sensitivity of the subject under discussion here today. I am anxious to be forthright and frank in this committee meeting. However, I must be mindful of ongoing investigations and our duty of care responsibilities to persons who provide information and I must also stress the continued importance of covert investigative techniques, including the use of CHIS for the proper investigation of crime, especially serious and organised crime. I am sure everybody will appreciate that these techniques by their very nature require confidentiality and while it is accepted that there is a need for independent oversight in covert policing, any public discussion or disclosure must be balanced by protection of life considerations and the need to protect the integrity of the tradecraft and methodologies used therein. I am sure that nobody here would wish that criminals would gain an advantage by being provided with a road map by which they might avoid detection.

An Garda Síochána carries out its policing function with the consent of the community, and this requires the promotion of trust and co-operation that goes to the core of our legitimacy. While the administration of the CHIS system is not governed by legislation, trust and confidence in the measures in place are reinforced by the use of strict internal controls and intrusive external oversight. Internally, all aspects of the CHIS system remain under constant review and compliance with CHIS policy receives the highest priority from senior Garda management. As Commissioner, I am confident that current procedures are in keeping with international best practice.

Externally, on 1 January 2011, the Minister for Justice and Equality, appointed retired High Court judge, Mr. Thomas Smyth, as the independent covert human intelligence sources oversight authority. While it would be inappropriate for me to set out in detail how the judge goes about his work, I assure the committee that I have made arrangements in order that he has complete access to all records, locations and personnel throughout the Garda service. His functions are to review and monitor the use within An Garda Síochána of CHIS and to ensure compliance with the code of practice for the management and use of CHIS. The judge reports annually to the Minister for Justice and Equality on the discharge of his functions. There is also provision in the legislation whereby the judge may communicate to me as Commissioner any matters considered appropriate, including recommendations. Since 2011, Mr. Justice Smyth has conducted annual reviews of the CHIS system and, as acknowledged by the Minister for Justice and Equality and the Garda Síochána Ombudsman Commission, he has found that there has been substantial compliance with the CHIS guidelines.

I wish to make it clear to this committee that any recommendation or observation made by the judge is treated with the utmost seriousness and any recommendation to my office or to the Minister in relation to enhancing the code of practice is very welcome and, where possible, is integrated into organisational policy. The committee members will understand that in the context of our community policing model, there will always be people who pass on information to the Garda Síochána. In many instances, such contact will be a once-off event and these people rightly regard themselves as public spirited citizens, not informants, exercising their civic duties. In normal circumstances they will not be registered within the CHIS system. It is important that An Garda Síochána continues to receive information from such individuals and the CHIS system should in no way prevent this from occurring. The policy of An Garda Síochána is very clear. In every case involving the supply of information where a member of An Garda Síochána establishes a relationship or tasks an individual, the member must have that person referred for assessment within the CHIS system. Once a relationship develops between a member or members of An Garda Síochána and a member of the public, there is an obligation for that person to be referred for assessment to the CHIS system. There is no exception to this policy. The Garda Síochána (Discipline) Regulations 2007, SI 214 of 2007, provide a statutory framework when dealing with discipline and are such that they cater for any breach of regulation or policy, including CHIS policy.

I am aware that the committee has received a submission from the Garda Síochána Ombudsman Commission in which the opinion was expressed that not all the deficiencies identified by the Morris tribunal had been remedied. In particular, it was stated that the deficiencies point to a culture wherein the formal informant handling systems could be bypassed or ignored. In response, as I have previously indicated, An Garda Síochána fully adopted the relevant findings of the Morris tribunal when implementing CHIS. In addition, I have put in place a series of directives and instructions to members of An Garda Síochána on all informants being handled through formal channels. As I indicated earlier, once a relationship develops between a member or members of An Garda Síochána and a member of the public, there is an obligation for that person to be referred for assessment to the CHIS system.

In relation to this aspect, I draw the committee’s attention to the fact that following consultations with the Director of Public Prosecutions, I have issued an instruction to all members of An Garda Síochána about the absolute requirement to fully disclose to the DPP anything that is known about the background of a witness in a prosecution which might impact his or her credibility, either positively or negatively. The policy of An Garda Síochána regarding informants participating in crime is that it is strictly prohibited and all informants are clearly instructed that they may not commit crime and that they are liable to arrest and prosecution if they do so; that they can never act as an agent provocateur to entice or entrap others.

I will address the key matters arising from the Garda Síochána Ombudsman Commission’s annual report for 2012. I fully acknowledge and support the statutory role of the commission, and as Garda Commissioner I remain fully committed to the implementation of the provisions of the Garda Síochána Act 2005. The importance of having an independent and effective investigative body to ensure citizens continue to have trust in An Garda Síochána cannot be overstated. The ongoing respect and trust from communities nationwide is something An Garda Síochána works hard to achieve and which it is our intention to maintain. I regard the Garda Síochána Ombudsman Commission as having a valuable role in this respect. I welcome that the commission, in its 2012 annual report, has highlighted that there has been a significant reduction in the number of incidents referred to it in recent years and that the number of complaints from members of the public has fallen. My management and I are constantly engaging in management efforts to address the issue of complaints and discipline and to promote higher standards of behaviour. I also welcome the comments by the Garda Síochána Ombudsman Commission - when it appeared before this committee in July 2013 - that the timeliness of investigations has improved. This matter requires constant monitoring. As the ombudsman commissioner mentioned at that meeting, there have, however, been some issues in the past with regard to the provision of information in a timely manner. In the past year I have taken a number of actions which I believe will address these issues.

An assistant commissioner is now the central point of contact for requests for information from the Garda Síochána Ombudsman Commission. An Garda Síochána has established a dedicated ombudsman commission liaison office to process and monitor requests for information and to ensure they are dealt with by the 30 day deadline. This is staffed by 12 people and is under the control of an assistant commissioner. This is a significant investment in personnel at a time of reducing resources. After positive discussions between both parties, a new memorandum of understanding and protocols providing for agreed new timelines for investigations, has been agreed between An Garda Síochána and the Garda Síochána Ombudsman Commission. In addition, it should be noted that An Garda Síochána commits a significant amount of its own resources to investigations by the ombudsman commission. In the past year, we have invested in excess of 45,000 man hours in conducting investigations on behalf of the ombudsman commission, at a cost to the organisation of approximately €1.3 million. Since the establishment of the Garda Síochána Ombudsman Commission in 2007, An Garda Síochána has spent in excess of €9 million in conducting such investigations.

I reiterate that we welcome and support the independent oversight by the Garda Síochána Ombudsman Commission. While I acknowledge there may have been some issues in the past, I am confident that the new memorandum of understanding and protocols and the recent actions I have taken will help ensure such issues remain in the past. I thank the Chairman and the committee for their time and I will endeavour to answer any questions committee members may have, while conscious of the critical need to protect ongoing investigations.