Oireachtas Joint and Select Committees

Wednesday, 5 October 2016

Joint Oireachtas Committee on Justice, Defence and Equality

Estimates for Public Services 2016: Minister for Justice and Equality

9:00 am

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

The point I was making is that there is a clear commitment to maintain the level of North-South engagement on policing and security. That has been stated at ministerial and policing levels in all my recent contacts with Ministers from both jurisdictions and the Chief constable and the Commissioner.

The Chairman asked about Operation Thor, capital expenditure and station closures and commitments. Last year, I reported to the committee on the large capital plan that is in place for the refurbishment and development of police stations throughout the country. There is a huge number of projects. He will be familiar with the need in Bailieborough, County Cavan. There is upgrade work on the Garda College and in Limerick and a long list of PEMS stores that need to be put in place. I will not go into detail but there is a significant capital allocation for new buildings and refurbishment for 2016 and 2017. I can forward the details of the programme to the committee but that was announced by the former Minister of State at the Department of Public Expenditure and Reform, Deputy Harris, and myself last year. There is a huge capital commitment for these projects, including a new regional headquarters in Sligo that is badly needed. Three other headquarters are being developed in Wexford, Galway and Dublin and those projects are under way.

The Programme for a Partnership Government commits to asking the Policing Authority to examine Garda station boundaries, which is an issue. As part of the review, I have said we will launch a pilot scheme to reopen six Garda stations, both urban and rural, to determine positive impacts such openings would have impact on criminal activity with special emphasis on burglary, theft and public order. I have asked the authority to put in place the necessary arrangements for the review. That is ongoing and I do not have an update.

The Chairman raised issues relating to protected disclosures. I would like to clarify that I did not get a report from the person he mentioned in HR because that person has no such role in sending a section 41 report to me. That would be the Garda Commissioner and she forwarded those reports to me. I am legally precluded from putting them in the public arena because of the details that are in them and the various considerations I have to have in respect of the issues I mentioned earlier in terms of protection of identity. I have to be conscious of that. As I said earlier, I have real difficulties commenting on individual cases, as the Chairman will appreciate. Certain matters following the O'Higgins report have also been referred to GSOC for investigation. That investigation is taking its course as well. I want to be helpful to the committee in whatever way I can but I am not in a position to publish those two referrals to me now. I am considering carefully the action I can take in respect of the protected disclosures currently on my desk. My main consideration is that I want to ensure the rule of law applies in respect of the body of allegations within them and a fair and just procedure is put in place. I cannot be judge and jury on them. My job is to make sure that I follow the letter of the law; I will certainly do that. There are a number of options regarding the management of the protected disclosures. They have been just been received and I am carefully considering them. I am doing a comprehensive assessment to decide the best route forward. There are a number of routes open to me for consideration and I am carefully analysing what is the best possible route to deal with those protected disclosures. I cannot talk here. Other people may but I cannot talk about individual cases. There is material in the public arena; I cannot address that. What I can do as Minister is ensure a proper, fair procedure under which the rule of law is applied to any allegations that are put to me is in place. That is what I have to oversee and I will ensure that they are dealt with appropriately and comprehensively in the right forum.

With regard to the point the Chairman made about other protected disclosures, I face the same constraints in respect of dealing with individual cases. However, in terms of the analysis of any whistleblower complaint, it would not be appropriate at all for reports to come back to me and for me to be in correspondence with a whistleblower regarding the conduct of a case while that case is under way. The protected disclosures legislation provides that whoever has been appointed to work on the case must do that and remain in touch with the whistleblower. If issues arise, and there has been some public reporting of this, I will deal with them, but it is not appropriate for me to be back and forth in correspondence about what is precisely happening in a whistleblower case. It is unacceptable if persons who report wrongdoing in any organisation, whether it is An Garda Síochána or any other, are not treated property and to the highest standards. I assure the Chairman that whistleblowers have to be treated properly and to the highest standards and it is incumbent on all organisations to have the proper policies and protections in place to ensure people are not further victimised if they report wrongdoing. Any organisation under my remit has to have a policy and protections in place and has to make sure the policy is implemented. That is what I want and my determination is to ensure that, whatever happened in the past, An Garda Síochána should operate to the highest standards in this area. This involves ensuring that allegations of wrongdoing are dealt with properly and that the persons making the allegations are fully protected and respected. However, when allegations emerge, I will certainly not be judge and jury on them. I will make sure the proper processes are put in place and the proper avenues are used to ensure whatever allegations are made are fully tested and fully investigated.

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