Mr. John Devitt:

I would make a distinction again between the functions of investigation and advice. My view is that those investigating concerns should not be the ones advising people on whether they should report their concern. Those two functions should be separated whether one retains the office of confidential recipient or affords gardaí the opportunity to seek advice from an external body. One might seek advice from GSOC on whether one’s complaint is valid or the process one should follow, but the advice that is sought in the first instance by a member of An Garda Síochána should be sought from someone other than the one who is investigating the complaint.

I should also make it clear we want to see the retention of the current rights enjoyed by gardaí under section 62 to report to Members of the Oireachtas. We do not suggest that members of An Garda Síochána should have to report through the confidential recipient or even GSOC before they go to a Member of the Oireachtas, rather that guidance be given on the type of concerns that could be brought to each of those bodies, when they should be brought and what to expect when they bring their concerns forward to either a Member of the Oireachtas, GSOC or through internal channels.