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

There are not serving members of the Garda operating within the Garda Síochána Ombudsman Commission's office because the ombudsman commission is a separate and independent entity with separate and independent investigators.

The Deputy is correct in one matter. It is open to the Garda Síochána Ombudsman Commission when certain complaints are made and they are deemed to be of a not very serious nature - albeit any complaint is serious for the person who makes it - to effectively ask the Garda Síochána to have it investigated by a member of the force unconnected with the member against whom the complaint is made. That is the architecture of the legislation. Some people voice concerns about that.

The reality is that if the ombudsman commission, through its own staff, was to conduct every investigation, its personnel resources would probably need to be tripled. When the Garda Síochána Ombudsman Commission asks that a complaint be directed back to the Garda Síochána for its investigation under the supervision of the ombudsman commission and that a report be made to the ombudsman commission on outcome, it is important that those investigations are conducted and concluded within a reasonable timeframe. I have a concern that on occasions the timeframe is far too long.

I assure the Deputy that the report on the Garda Síochána Ombudsman Commission for 2012, which I only received in recent days and resulted in me instantly wanting to meet members of the ombudsman commission, will be taken to Cabinet by me. I believe it will be taken to Cabinet on Tuesday - I do not want to mislead the House and it is possible it will not be on the agenda until the following Tuesday. Immediately thereafter it will be laid before both Houses and if Members want a debate on the report, we can have one. More traditionally if there is a debate, it takes place in the Oireachtas Joint Committee on Justice, Defence and Equality, but of course all Members can attend that sort of debate.

I have received the report on the penalty points issue. When it is published, I do not believe the Deputy will find it is a fantasy fairytale. There are issues relating to the Data Protection Act that are being addressed by the Attorney General. I am anxious that it be published and that we have the maximum transparency. However, I must comply with issues that arise under the Data Protection Act. They are being addressed between my Department and the Office of the Attorney General. I had hoped to have been in a position to publish the report by now - I must take it to Cabinet first. As soon as those issues have been addressed and resolved, I assure the Deputies the report will be published.

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