Charles Flanagan (Laois-Offaly, Fine Gael) | Oireachtas source

The Commissioner mentioned our July meeting with representatives of the ombudsman commission. The content of that presentation was shocking. I regret that it is some five months later that we are returning to what was, in essence, a scathing criticism of the Garda Síochána by the independent watchdog. I do not know whether this is the fault of the committee or otherwise, but I would have expected an earlier opportunity to address the serious allegations which have been left hanging for five months. Given the sensitivities outlined by the Commissioner and the fact that policing by consent in any civilised society is sacrosanct, I would have expected commentary or rebuttal on the Garda's part at an earlier date. For a statutory body like the Garda, it is not good to have bad relations, and an atmosphere of disharmony causes me concern as a public representative.

Have relations between the Garda Síochána and GSOC improved? I welcome the Commissioner's remark that he has every confidence in that independent body, but I was shocked this summer to see an editorial in a reputable Garda magazine more or less stating that the Garda had a complete absence of confidence in the independent watchdog. What steps have been taken to improve relations? What is the Commissioner's commentary on what was a fairly scathing criticism?

I will not quote extensively, as we do not have time and the Chairman will not allow me, but GSOC commissioner, Ms Carmel Foley, stated:

We remain concerned however that, as a result of Garda Síochána delays in completing these investigations, at any given time there is a caseload of about 500 complaint files of a disciplinary nature awaiting completion ... we look forward to the completion of these negotiations. We hope that the new protocols will be operated in a timely manner.

GSOC commissioner Mr. Kieran FitzGerald stated:

What we found led us to conclude that there were serious deficiencies in the Garda Síochána management procedures regarding informant handling practices. We found poor record keeping and non-adherence to procedures. We found deficiencies in the implementation and management of the old system.

The commissioners welcomed the appointment of Mr. Justice Thomas Smyth, as did the Garda, but continued by stating: "Absence of formal procedures for the management and use of such informants creates significant risks, as it is not possible, in particular, to place parameters upon the extent to which such individuals may be authorised to participate in criminality." I understand the Garda Commissioner's remarks about sensitivity and I do not wish to seek information that might hamper an investigation or place a person in danger. Is the practice described as running informants "off the books" still in use? While I welcome the Commissioner's commentary, it is shrouded in terms like "once a relationship develops". What is meant by this? No one has a problem with Mr. Justice Smyth, the protocols, the regulations or the practice, but the procedures to which he is not privy are the ones causing concern. Are they still in existence?

I would like to hear a rebuttal of the presentation made to the committee. As a public representative, I would like to hear that relations have improved substantially between GSOC and the Garda. I would like to know that practices and protocols are being developed to ensure both agencies can work in close harmony, notwithstanding the sensitivities. I hope that what we heard from GSOC in July will never be repeated to any Oireachtas committee. It had the effect of undermining confidence in the Garda, something that would be unacceptable in any civilised society but particularly in our democracy, given the confidence and trust that has been placed in the Garda by the public since the foundation of the State. I assume that all of the Morris report's recommendations are being fully implemented by the Garda. If they require repetition to this committee, as may have been presented to other committees, they are still engaging in a service that the people of this Republic rightly deserve.