Baroness Nuala O'Loan:

During my tenure as police ombudsman, the PSNI had primacy in all national security matters, just as it is with the Garda, and it was responsible for all national security issues. The consequence was that under the legislation I had complete power to investigate national security matters. Because of the interconnect between organised crime and national security, one must think of national security as being more wide than just in terms of anti-terrorist policing. There can be a big economic threat to national security. The right for GSOC to look at national security matters, to look at intelligence in particular, which I think seems to be, from the evidence I have read, one of the stumbling points between GSOC and An Garda Síochána, is fundamental.

When I started as police ombudsman it was anticipated that I would not look at national intelligence matters. The reality was that it was necessary to do so to do the job. There is no reason an independent investigative organisation cannot protect national security matters just as well as the police. The same kind of people do the job and the same kind of vetting levels or protection of information procedures have to be applied. In particular, GSOC, if it is to do this work, will have to have special intelligence cells, for example.

It would be profoundly important - I do not in saying this mean to be in any way disrespectful - that because An Garda Síochána can point to national security as a reason for refusing access, this would not viewed by the public as a cover-up. I believe there is a huge risk of that. I would commend to the committee, if necessary, an extension of the legislation to make absolutely clear the duty of the Garda Commissioner to provide all material necessary and that the call in terms of whether material is necessary for the investigation be GSOC's. The responsibility of GSOC then is to prove to An Garda Síochána that it can protect that information. This relates back to Mr. Brady's comments about dealing with the press. It is not possible to do that when dealing with intelligence matters.