Dáil debates

Tuesday, 11 February 2014

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

 

7:15 pm

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail) | Oireachtas source

Since Saturday evening, when this story first broke, there has been an enormous vacuum in the context of information relating to the allegations made and, unfortunately, because of that vacuum, the reputations of all the agencies involved - the Garda, GSOC and the Department - have been undermined. We cannot be expected to come to the House as public representatives and accept the view expressed by the Minister and the Taoiseach that there is nothing to see here and we should move on. In light of the damage that has been done to the GSOC, the Garda and the Department, the only way to resolve this is through an independent investigation to examine the statement of the GSOC, the response of the Garda and the core issue involved. Public confidence has been undermined but perhaps the Minister is closeted from that. I heard his party colleague, Deputy Charles Flanagan, on radio this morning relating conversations he had with members of the public about this story. An independent investigation is the only way forward to fully restore public confidence and the relationship between all the agencies.

The Minister and the Taoiseach have made definitive statements about the bugging issue, which will be dealt with at tomorrow's committee meeting. The matter of who informed the Minister or who should have informed him is legally irrelevant because the GSOC's job is to inform the Houses of the Oireachtas. However, it is an indication that there is a confidence issue not only between the Garda and the commission but between the Minister and the commission when its members did not feel it appropriate to inform him of their suspicions or of the ongoing investigation. Perhaps the Minister needs to reflect on his relationship with an important body overseeing an agency under this Department's aegis.

The perception that the GSOC was bugged that hung around for three days is still out there and it must be comprehensively dealt with not by the Minister, the Garda and the GSOC because they have stakes in this, but by independent, technically qualified people who can assess the original investigation and the sequence of events. Otherwise, we cannot move on. These is no sense in imagining that at the conclusion of the debate, public concern about this will be allayed; it will remain. When reputable journalists such as John Mooney are moved to make the comments they have about the Department and its relationship with the GSOC over the past number of days, the Minister has a bigger problem, which cannot be alleviated by statements in the House.

The difficulty is what while the Taoiseach and the Minister have stated they are confident there was no bugging, they cannot say that definitively. None of us is qualified to say that and given the technical knowledge and skills available to those who want to engage in such an operation, they cannot say that. The fact remains that during a check, three technical and electronic anomalies were found. We do not know how dangerous they were or whether other damage was done because of them. We can only take the word of the Minister, the GSOC and the Taoiseach that the databases were not compromised. For us to fully accept that and put it in context, the report the Minister made to the Cabinet earlier must be put on the record of the House in order that we can see for ourselves. The only alternative is to establish an independent investigation.

During his contribution, the Minister said he had put a huge effort into trying to resolve the clear differences between the Garda and the Commissioner, in particular, and the GSOC and that is welcome. It is an important that there is a healthy working relationship between both. However, one common theme is the serious lack of confidence among rank and file gardaí in the Minister. The fact that the chairman of the GSOC refused to communicate with the Minister suggests his staff do not have confidence in him either.

That is the one matter which appears to bring these two sides together. If we are to restore the position which obtained on Saturday afternoon in terms of the credibility of the GSOC, An Garda Síochána and the Department, the only way to do so is by establishing a qualified independent investigation into all the relevant issues and all the actions taken by the various players involved.

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