Mick Wallace (Wexford, Independent) | Oireachtas source

I have a great deal of detail, but the meeting would go on for some time if I were to go through it all. As recommended by the United Nations, most recently in the concluding comments of the Human Rights Committee in July 2014, section 106 has been amended in the Government's draft to allow GSOC independence to initiate investigations into the practices, policies and procedures of the Garda. Prior to this, the Minister's consent was required before GSOC could initiate any such investigation. The last three Ministers have refused permission to investigate the Corrib policing controversy for overtly political reasons.

Section 106 reports will be made to the Minister who may or may not redact parts of them before laying them before the House. Once the policing authority is established, it appears it would be more appropriate for GSOC to present these reports to the authority. The amendment would make that change, while allowing the Minister to retain the duty to lay the reports before the House, subject to national security considerations. However, where there was a dispute between the Minister and the Garda Authority over exclusions from the reports on national security grounds, a right of appeal to the designated judge under section 100 of the 2005 Act should be provided for.