Clare Daly (Dublin North, Socialist Party) | Oireachtas source

The Minister took an interesting tack in his contribution, roughly akin to asking people "to move along now, there is nothing to see here". From his point of view, would that were so. I am sorry, but I do not think that history will be so kind to him. We have a scenario of a constant drip, which inevitably will lead to a situation where the damn will break. How many special debates will we have to sit through in the House on issues of Garda accountability? We have had special debates on the O'Mahony report, on the "Shattergate" incident, dealing with irrelevant information that he should not have had on Deputy Wallace, but which he chose to use, and on information today about a potential security breach in the GSOC, which he should have had but did not.

All of these issues are linked. The problem is not about a tension between the GSOC and An Garda Síochána. The real problem is the axis of power and the very unhealthy, close relationship that exists between the Minister and the Garda Commissioner. The tone has been set from that, and everything else that has happened has followed that relationship. The question we should be asking is whether the current scandal is a sign that things are getting better or worse. Nobody had ever heard of the GSOC a year ago but the dogs on the streets know what it is now. Its mission statement is a very good one. It is to provide and promote an efficient, fair and independent oversight of policing in Ireland. One would think that is a necessity in any country claiming to be a democracy and claiming to be policed by consent.

We must view the latest media storm, and the Government's reaction to it, in the context of what has happened before now. For some period of time, the GSOC has consistently highlighted the problems it has encountered in being able to do its job, due to a lack of Garda accountability. The GSOC took an unprecedented step on the Kieran Boylan affair, who was a convicted drug dealer and whose handler has apparently been promoted to senior rank in the Garda Síochána. It made its point on that case. The GSOC held a press conference last year on its annual report, which outlined a range of issues. Its representatives spoke about an agreement that hundreds of minor disciplinary cases should be dealt with within 12 weeks, but claimed that this was rarely achieved. They claimed that the Garda do not operate the agreed protocols on getting access to information, putting unnecessary barriers in the way before withholding information. They asked the Minister to change the legislation to give them more access, but the Minister did not do so. There were new protocols, but that was not what was requested.

Let us be clear. There is a perception that the Minister and the Commissioner work very closely, and that they are in many ways hand in glove. To me, that is a very unsuitable relationship. The Minister extended the Commissioner's term of office beyond that which has been granted to any previous Garda Commissioner. The Minister backed up the Commissioner in his dealings with the whistleblowers. When Deputy Wallace tried to bring forward legislation that might have somebody else other than the Minister holding the Commissioner to account, he staunchly stood in the way of such change. As a consequence, we have a Commissioner who believes he owns the force, that they are his members and nobody else should challenge them.

The Minister's comments today, along with the comments of other Government Members, suggests a case of "methinks thou dost protest too much". They are falling over themselves to tell us how great the leadership of An Garda Síochána are, and how they have nothing to answer for in this case. Against such a backdrop, the question is not why the GSOC did not report what it thought was a security breach to the Minister or to the Garda Síochána, but why on earth would it do so. I do not know why this information ended up in the public domain but the Minister could do some work about sources in An Garda Síochána leaking information to the media.

Shortly after we tried to bring the penalty points issue to light, I had an encounter with members of An Garda Síochána, during which I was arrested and handcuffed. The story was leaked to the media within 24 hours.

As a result of some of these episodes, I and a number of Deputies were contacted by people from across the country who have been victims of Garda malpractice. Many of them had no time for the Garda Síochána Ombudsman Commission, believing it to be an organisation that whitewashed Garda malpractice and operated as a fig leaf to cover up bad practice. I was not sure what to believe at the time but I have certainly changed my view of the Garda Síochána Ombudsman Commission. Despite being established without teeth, the individuals at the helm of the commission have tried to do their jobs and have gone beyond anything I have seen in the public service. Who are the individuals who have been denigrated in the media and by members of the organisations representing gardaí? Simon O'Brien was previously an assistant chief superintendent of the Garda Inspectorate and has a pedigree of international character and repute in dealing with issues of police accountability. Mr. O'Brien, Ms Carmel Foley and Mr. Kieran FitzGerald are not upstarts but people with an unrivalled record. I am satisfied that their decisions were taken in the interests of discharging their function, which, I remind the House, is one of overseeing An Garda Síochána.

The organisations representing gardaí are in open conflict with the body charged with overseeing them. Perhaps the Minister will have read the comments of P.J. Stone who stated today that he is satisfied that no gardaí were involved in any of the alleged surveillance. I am sure Mr. Stone would be equally satisfied that gardaí were not involved in the penalty points issue, the Donegal incidents and so forth. How does he know this when he has not been privy to any of the reports?

The Association of Garda Superintendents and Inspectors, AGSI, accused the Garda Síochána Ombudsman Commission of casting aspersions on the good character of the force and having no regard for the laws of the country. This is a crisis and the Minister is at its helm. The ASGI stated there is a question mark over the ability of Simon O'Brien to carry on in his position on the Garda Síochána Ombudsman Commission. That is the tone that is being set on this issue. The question mark hangs over the Minister's tenure and that of the Garda Commissioner. Contrary to what the Minister believes, this story will not move along because many questions and issues remain.

See this speech in context