Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

As Deputy Clare Daly will be aware, the ombudsman commission itself conducts investigations. The protocols, to which the Deputy refers and which I regard as of considerable importance, should be fully and properly adhered to by members of An Garda Síochána to facilitate the ombudsman commission in undertaking its statutory work. If there are time failures to meet requests for information or for individuals to be made available for interview by the ombudsman commission, they should only occur in exceptional circumstances, for example, where an individual may be unwell for some reason, out of work and taking leave from the force for a short period of time.

I regard these protocols as crucial to the proper functioning of the ombudsman commission. As a consequence of concerns expressed by the ombudsman commission concerning such delays that were detailed in the 2012 report, into which I cannot go in detail until it is laid before the House but which I expect will be laid before the House next week after it has been taken to Cabinet, I met the commission and my concerns in this area have been communicated by my Secretary General to the Commissioner of An Garda Síochána.

In fairness to the work done by the ombudsman commission, if the Deputy even considers the 2011 report, it received 2,275 complaints, containing 6,230 allegations of misconduct by gardaí. Some 1,424 of these allegations were found to be inadmissible. Some 18 files were submitted to the Director of Public Prosecutions during 2011 relating to 19 Garda members. The DPP directed prosecutions relating to seven Garda members and two persons who were not gardaí. Of the 19 prosecutions which were heard before the courts in 2011, 11 gardaí were acquitted and five gardaí were convicted - three for assault, one for perverting the course of justice and one for careless driving which was overturned on appeal. One probationer garda had the Probation of Offenders Act 1907 applied. A civilian was convicted of assault and a further civilian was acquitted.

It is unfair to the ombudsman commission to state that it does not conduct independent investigations; it does. It is also unfair to state that there are not consequences of its investigations; there are. It is important - I want to be absolutely categorical and agree with the Deputy - that protocols should be complied with and where there are investigations being conducted by the ombudsman commission or on behalf of the ombudsman commission, they should be progressed with reasonable speed and always with full co-operation from members of the force.

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