Dáil debates

Tuesday, 11 February 2014

Reports of Unlawful Surveillance of the Garda Síochána Ombudsman Commission: Statements

 

6:55 pm

Photo of Gerald NashGerald Nash (Louth, Labour) | Oireachtas source

I thank the Minister for his statement, which has helped to clarify some matters. However, some questions remain to be answered. I am sure we all agree that even the faintest possibility of an attempt having been made to spy on the Garda Síochána Ombudsman Commission is an extraordinary matter. It is not, therefore, surprising that this matter has generated so much public concern.

I am mindful of how sensitive this issue is. We all need to be careful not to exacerbate or aggravate an already difficult situation. The reaction from some quarters has not been very helpful. I am reminded of the old adage that the only exercise some people get is jumping to conclusions. There are, however, a series of questions which I feel need further clarification. Does the Minister know if an attempt was made to breach the security of the Garda Síochána Ombudsman Commission? It is clear from the Minister's meeting yesterday with GSOC that security was not compromised. It is still unclear, to me at least, whether such attempt was made. The Minister has not in his statement definitively ruled that out.

With regard to the three technical and electronic anomalies referred to by the Minister, I accept and understand that the Wi-FI device was not used by the GSOC. Surely, however, the fact that it had been connected to an external link should of itself raise concerns. I also fail to understand the reason the GSOC would have the Wi-FI device included in its routine security check if it was never used. If it is not used, why check it? I would welcome more clarity on the issue of the conference call phone. Was this a potential weakness found in the system or had there been an unsuccessful attempt to intercept calls? We need to know more about that.

The third anomaly of UK mobile telephone calls being vulnerable to interception is also problematic. While I accept that, as the Minister said, staff members of the GSOC would not have used such telephones, it is possible that visitors or witnesses, possibly from outside of this jurisdiction - for example, Northern Ireland - used them. Surely this too could be a cause for concern to arise. What steps does the Minister intend to take if it becomes clear that an attempt was made to breach the security of the GSOC? In other words, is this the end of the investigation and the end of the matter as far as the Minister is concerned or does he reserve the right to extend the investigation of the issues involved or re-open this matter at some later stage if additional information becomes available?

This issue needs to be handled carefully. Regrettably, as was stated earlier, there has not been a great history thus far of co-operation and trust between An Garda Síochána and the Garda Síochána Ombudsman Commission. There are a number of examples of this. It is important that the integrity of both organisations and of the individuals within them are protected, at the very least until such time as we are in possession of all of the relevant facts. We should not draw any conclusions at this stage. It is not at all helpful for anybody to point the finger at An Garda Síochána, even though the instinct may be to do so. It is also not appropriate for the Association of Garda Sergeants and Inspectors to be demanding resignations from the GSOC. It is a time for cool heads and not for upping the ante.

If an offence has been committed or there is suspicion that an offence has been committed there are a number of organisations or individuals with the means or motive to have committed that offence. As pointed out by the Minister, the GSOC has made it clear that there is no evidence whatsoever of any Garda misconduct in this regard. We do not at this stage know definitively that an offence has been committed. We also do not know, if an offence has been committed, who committed it or why. This is a very sensitive matter that will, if we are to avoid dangerous and damaging blows to the morale and integrity of An Garda Síochána and the Garda Síochána Ombudsman Commission, require skilled management by all involved.

I suggest that the Minister at this stage remain open to potentially involving third party investigators in any probe or examination of the issues that may be required further down the line. This may not be the end of this issue. This type of approach would serve to avoid any suggestions of bias, real or imagined, on anybody's part or of any prejudice or scapegoating of the investigation. It is important that this matter is cleared up as soon as possible so as to ensure that no State organisation is left with a shadow hanging over it.

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