Ms Justice Mary Ellen Ring:

If we are to look at new legislation for the two bodies, it is perhaps a good time to look at the whole process of protected disclosures. Technically, under the law, we cannot discuss it if it means that identities are in some way disclosed. GSOC may be investigating a complaint that the Garda is investigating, but we may not know that until very late in the day. It may be very far advanced in that regard because it is closer to the information, which then causes problems for our investigation. If we are going to have the structure that allows for two organisations to take protected disclosures from staff then some effort should be made to allow for better management of the protected disclosures. We raised this in the general sense when submissions were sought by the Department of Public Expenditure and Reform in relation to the Protected Disclosures Act 2014, about the fact that we cannot talk to the Department of Justice and Equality, which may have had a letter or a submission, and we cannot talk to the Policing Authority, which may also have received a letter or submission, and the Garda. Four bodies, therefore, may have information about the same complaint but there is no mechanism to allow us to disclose information except in a formal investigative way with An Garda Síochána. We raised this with the Department of Public Expenditure and Reform, which is the lead agency on the Protected Disclosures Act, and it decided not to deal with that issue in the review of the Act, which I believe took place in 2017.

There are also many issues arising around welfare. We make it very clear to a discloser that welfare is a matter for An Garda Síochána: we are not a welfare agency. Many of the people who come to us are out sick or have been out, some are working and some allegations include lack of advancement. These are issues over which we have no control. We can only investigate the allegation. The Garda is still responsible for its staff and members and it needs to deal with the employment, health and welfare issues. We make this very clear also.