Oireachtas Joint and Select Committees

Wednesday, 19 February 2014

Joint Oireachtas Committee on Public Service Oversight and Petitions

Security and Surveillance Issues: Minister for Justice and Equality

4:15 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael) | Oireachtas source

It is rather complex and a short answer could be misleading. I have no wish to comment on whether GSOC should have commenced the section 102 investigation at the point when it did. I have merely described the information on which the commission commenced it. That issue can be considered in the context of any matters of relevance to this by the judge who is going to conduct the inquiry.

At no stage am I aware of GSOC seeking additional resources. At no stage am I aware that GSOC sought a second opinion on security issues, nor has the commission suggested to me that it required a second opinion.

The matter is clear from the brief I received and from the presentation made to this committee. I may slightly misquote what was said but I recall the representatives from the commission said their understanding was that there were technical limits. I have written to GSOC indicating that arising out of all of this if the commission requires additional resources to provide the organisation with additional technical expertise in areas of relevance to its work then my Department will provide those resources. I believe that is important.

Deputy Mulherin referred to some other issues. The Garda and GSOC went through a difficult period. I believe Simon O'Brien and the other members of GSOC have fairly set this out not only at this committee but elsewhere. There has been contention between the Garda and GSOC. I would be surprised, frankly, if there had not been. Clearly, there will be tensions between a police force and the body that has oversight of that police force and this is replicated throughout the world. My job and obligation is to ensure that public confidence is maintained in each and that there is a sufficient relationship to ensure, for example, that GSOC can do its work properly. This is why after publication of the reports that were touched on in this committee last week, I had meetings with the Garda Commissioner and GSOC. I have got on well with both the members of GSOC and the Commissioner. It was my job to try to ensure that there was better engagement between them in future. The putting in place of new protocols had been a subject of discussion between both bodies. It was my view that the discussion was going on too long. As a result of my intervention the discussions were progressed at greater speed and, as mentioned, in September of 2013 they signed off on new protocols. These have only been in place for some months. I know that Simon O'Brien commented on those protocols. Of course it is important that they work correctly and appropriately.

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