Dermot Ahern (Louth, Fianna Fail)

I thank the members of the Opposition, in particular the spokespersons for Fine Gael and the Labour Party, for their approval of the nomination of Mr. Dermot Gallagher. In reply to Deputy Ó Snodaigh and the other two Deputies opposite, the criticism that has been made of the appointment selection is ironic. What more transparent appointment can be made than the nomination coming before the Oireachtas which is representative of the people? The appointment is debated in the House and Members have the opportunity to express their opinions on it. I do not accept the criticism of the Irish Council for Civil Liberties in that respect.

Deputies expressed the view that Government should have consulted but we followed the letter and the spirit of the law with regard to the Act passed by the Oireachtas in 2005 which stipulated the appointment would be a Government nomination and a three-stage process, including the passing of resolutions in both Houses and appointment by the President. In my view, the Government has behaved correctly in accordance with the legislation.

I refer to some of the high-profile cases which Members have raised. This is an independent commission and for that reason it should be left to independently examine the issues referred to it. There has been publicity about some cases in recent times. The Boylan case was the subject of a recent "Primetime Investigates" programme. I asked for and received an interim report from the Garda Commissioner on that case and this interim report was passed on to the Garda Síochána Ombudsman Commission. An internal Garda inquiry is ongoing and the ombudsman commission has indicated it has opened a public interest investigation on that case. Two inquiries are ongoing, in particular the independent inquiry of the Garda ombudsman commission, and therefore it would be inappropriate for me to comment further.

Deputy Rabbitte raised the issue of the handling of informants. He is correct in saying that as a result of the earlier reports of the Morris tribunal, a full review of the existing policy and practices was carried out and as a result of that review a new code of practice was drawn up which encompassed best police standards in the management and use of informants and this was put in place in the force in 2006.

With regard to the recent case in Galway, it is inappropriate for me to comment on the specific case. However, in the context of the legislation, and reviewing the result in that case, we are happy there is not a problem with the legislation.

The commission in its February 2008 report referred to required legislative changes. The main changes proposed included a leaseback provision whereby the commission could refer cases involving allegations of less serious criminal offences back to the Garda for investigation.

I hear what Members are saying. That is one of the reasons we have taken our time as regards the potential changes in any legislation. Deputy Charles Flanagan asked how many times I had met the Commissioner. I met him many times on the proposed changes, as well as the Garda Commissioner. I strongly believe that self-regulation is not good, whether in my own or in other professions. If an independent body is set up, it should be allowed to do its work independently. However, a strong case has been made on the issue of minor cases and there has been a response from the Garda to that whole issue of leaseback. Deputy Rabbitte referred to what is or what is not a minor case. Everyone who makes a complaint believes that his or her concern constitutes a major complaint. A judgment call must be made in this and there must be balance.

I would tend to err on the side of leaving as much discretion as possible to the independent body, as set up. At the same time, however, given that it has been inundated with a significant number of cases in its first couple of years in operation, we need to see things settling down to determine how that will pan out. Given that it has already dealt with some 3,500 cases out of the more than 5,000 it has on its books, it is clear that it is still grappling with some 1,500, which is a substantial number. I thank Deputy Rabbitte and accept his confirmation that the Government has allocated the necessary resources, which we believe we have, in these straitened times.

The Commission has asked for other changes in the legislation. It is only fair and proper that a balance is achieved in any proposals we bring forward. I will listen and be amenable to suggestions from the Opposition because the House should not divide on this.

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