Dermot Ahern (Louth, Fianna Fail)

Deputy Rabbitte said the views I expressed on the report of the Morris tribunal were a diversionary tactic. I do not accept that. I was referring to a substantial part of the report which criticised the way Members handled complaints. It is difficult for Members but I was merely responding to the report which was significant in respect of how the investigation took place.

Some Members expressed sentiments, which were also expressed on Committee Stage, to the effect that we are out of kilter with neighbouring jurisdictions. They said on Committee Stage that we are out of line with the practice in England, Wales and Northern Ireland. It is true that equivalent bodies in England and Wales have powers of surveillance, but the office of the police ombudsman for Northern Ireland has neither interception powers nor powers of surveillance. Under the Regulation of Investigatory Powers Act 2000 the ombudsman's office in Northern Ireland has powers of directed surveillance but those powers do not extend to either interception or the type of surveillance that is the subject of this legislation. We are not out of kilter with our peers across the Border. We checked this with the Northern authorities because it arose on Committee Stage and in the correspondence from the Human Rights Commission. The extension of interception and surveillance powers to the Northern Ireland ombudsman's office is kept under review. It is a relatively new organisation set up in 2001 and our own ombudsman commission has been modelled on that office.

While in principle I believe we should examine this at a future stage, given that the Garda Síochána Ombudsman Commission has been swamped with complaints since its inception in 2005, we need to give it time to operate. When the 2005 legislation was drafted and approved by the House, we did not extend to the GSOC on the same basis the powers the Garda has under the 1983 legislation to intercept telephony and postal packages because it was a new organisation and should be given time. I cannot say any more than that. Deputy Charles Flanagan referred to the fact that the GSOC has a role under the Bill in that the legislation allows the complaints referee to refer a matter to the GSOC where he or she believes there has been a contravention of the legislation by the Garda. I cannot accept the amendment.

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