Noel Harrington (Cork South West, Fine Gael) | Oireachtas source

I thank the Commissioner and his officers for attending the committee. His statement is welcome, as is its tone. He has acknowledged there were issues, but things are moving on and greater resources are being committed to deal with some of the issues about which he spoke.

There was a lot of hyperbole surrounding the Garda Síochána Ombudsman Commission's report, which may not have been comfortable. To be fair and for us to consider both the statement and the report, we must start looking at the context. If we are to look, especially in a public forum, at the trust we have in the Garda Síochána, context is very important. The report acknowledged that great progress has been made in relations between the Garda Síochána Ombudsman Commission and the Garda Síochána. I detect from the commission that there are still issues, which were highlighted in the report, about information it deems to be relevant and what the Garda Síochána deems to be relevant to an investigation.

I wonder how this can be addressed in a meaningful way without mediation at High Court Justice level between the Garda Síochána Ombudsman Commission, GSOC, and An Garda Síochána in regard to what is relevant? We are not judges and cannot make decisions based on reports put before us which state that particular information is relevant when the Garda Síochána say it is not. Nobody in this House can bridge that gap. That is an important point that needs to be developed further.

The Commissioner referred in his opening remarks to the CHIS, the Covert Human Intelligence Source. While members may not be familiar with the system, we are familiar with the term. The Commissioner mentioned that it is an internationally recognised term. What recognition internationally is there of it as a system, bearing in mind that in Ireland this type of information is collected under the umbrella of one organisation, namely, the Garda Síochána which, as we understand it, does not include an MI5, MI6 or FBI? Are similar international models in existence, the best practices of which the Garda Síochána could take advantage?

Another issue of concern is the impact of the Morris Tribunal and Garda Síochána Ombudsman Commission reports on individual gardaí. Many issues were left hanging and remain to be clarified or tied down. As far as I am aware, almost every garda performs his or her duties admirably. However, there are people who, unfortunately, fall short of what is expected of them. It is these people who generate investigates. The GSOC office is not without power. As I understand it - the Commissioner might confirm this - where information is not forthcoming it has the power to search and arrest. In this context and in the context of the testimony of one of the GSOC officials at the previous meeting that the first time members of that office entered a Garda station with a search warrant it was a shock to the system, that the first time they arrested a Garda there was shock and that while they are still at an early stage in their investigation this does not excuse the delays in this regard, how many Garda stations were searched by the GSOC and how many gardaí have been arrested? I know that in carrying out investigations the majority of gardaí provide information and engage voluntarily, quite often under caution. How many gardaí have been arrested?

Has the Commissioner ever been made aware of a case in respect of which a member of the force has not co-operated with the GSOC?