Oireachtas Joint and Select Committees

Wednesday, 12 February 2014

Joint Oireachtas Committee on Public Service Oversight and Petitions

Security and Protocol Issues: Garda Síochána Ombudsman Commission

6:25 pm

Photo of Mick WallaceMick Wallace (Wexford, Independent) | Oireachtas source

The definition of the word "definitive" is "conclusive, explicit, complete" and the word suggests that almost 100% certainty is required. The Minister is setting an impossible standard of proof as there is rarely definitive proof of anything. This is all the more true in issues of surveillance and communication. Criminal standard is beyond all reasonable doubt, which equates to approximately 70% certain, whereas civil standard is on the balance of probability, which is 51% certain and above. Definitive proof would surely be much higher than these two standards used by the courts. The Minister's very carefully worded and qualified statement sets out that there was no "definitive" evidence of unauthorised technical or electronic surveillance found. He repeated that three times.

There is an apparent need for definitive proof. Was that standard of proof imposed by the Garda Síochána Ombudsman Commission, GSOC, or the Minister? With regard to the anomaly-----

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