Mick Wallace (Wexford, Independent) | Oireachtas source

I believe the majority of gardaí do a very good job but, sadly, a section 98 investigation will scapegoat a couple of individuals whereas a section 106 investigation will tackle the underlying problems. A section 98 investigation will more than likely blame individual gardaí for decisions made by a higher authority. First, does the Minister honestly believe it is satisfactory that GSOC's hands are tied unless the Minister consents to an investigation under section 106, a deficit that was criticised by the United Nations Special Rapporteur, Margaret Sekaggya, in her report in March last year. That is yet another example of the lack of independence of GSOC and the weakness in the current legislative structure of Garda oversight and monitoring. Second, can the Minister confirm he will implement legislative changes as recommended by the UN Special Rapporteur, Margaret Sekaggya, to amend section 106 of the Act?

Does the Minister not believe that gardaí will also get due process and fair procedures in the section 106 investigation and that under a section 106 investigation individual gardaí would not run the risk of being scapegoated for only implementing a policy decided at a much senior level? It is not the rank and file gardaí that are causing the problems; it is the people giving them the orders.

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