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

I move amendment No. 1:

To delete all words after "surveillance;" and substitute the following:

"- the investigation by the Garda Síochána Ombudsman Commission, under section 102 of the Garda Síochána Act 2005, into these concerns;

- the conclusion of the investigation that no definitive evidence of unauthorised technical or electronic surveillance was found; and

- the decision of the Garda Síochána Ombudsman Commission that no further action was necessary or reasonably practicable;

reaffirms its commitment to maintaining the independence and functional integrity of the Garda Síochána Ombudsman Commission;

welcomes the announcement by the Minister for Justice, Equality and Defence (by the Government) of the appointment of a High Court Judge to review all matters of relevance to the initiation and outcome of the investigation commenced by the Garda Síochána Ombudsman Commission on 7th October, 2013 pursuant to section 102(4) of the Garda Síochána Act 2005, concerns that have arisen as to the possibility that the Garda Síochána Ombudsman Commission was under surveillance and all papers, including correspondence, and reports of relevance to the matter;

welcomes the engagement by the Garda Síochána Ombudsman Commission and the Minister for Justice, Equality and Defence with the Joint Committee on Public Service, Oversight and Petitions in its examination of these issues;

acknowledges a need to further examine all relevant parts of the Garda Síochána Act 2005 with a view to improving the statutory mechanisms, so as to provide for continued and effective oversight of the Garda Síochána and to maintain public confidence in the process for resolving complaints against its members and agrees that such examination be undertaken by the Joint Committee on Justice, Defence and Equality and that it report thereon; and

looks forward to the reports of the Joint Committees and of the High Court Judge so appointed."

On Tuesday last, speaking in this House I stated that the Garda Síochána and the Garda Síochána Ombudsman Commission are vital pillars in our democratic policing structures. The work of the Garda Síochána, in fighting crime, combating terrorism, and protecting the public, is of critical importance. Equally, the role of GSOC, in independently investigating complaints or concerns relating to the Garda Síochána, is central to the maintenance of continued high levels of public confidence in the force. My fundamental role, as Minister for Justice and Equality, is to protect the security and integrity of the State and its institutions. My first and only concern, on learning of allegations of surveillance, was to establish whether GSOC, a critical oversight institution, had been subjected to surveillance.

Prior to the establishment of GSOC, it was my view that we needed to establish such a body by way of legislation and some may recall that, following on allegations of Garda misconduct in Donegal, I was one amongst other Members of this House who called for a public inquiry and on 20 November 2001 proposed an extensive motion in this House for the holding of such an inquiry. Some months later the Morris tribunal was established. When issues of difficulty arose in Abbeylara, not only was I a member of the justice committee which commenced hearings into Abbeylara, but I took so seriously the need for not only independent oversight but accountability to Parliament that I personally attended both the High Court and the Supreme Court to make submissions in favour of the justice committee being permitted to continue its inquiry into Abbeylara. Therefore, there is no one more committed than me to ensuring that we maintain the independence and functional integrity of the Garda Síochána Ombudsman Commission and that there is full public confidence in the commission.

In recent days I have listened to allegations made that I am seeking to undermine the role of GSOC or that I may want to abolish it altogether. Such allegations of undermining have again been made this evening. The chairman of GSOC, Mr. Simon O'Brien, in his presentation to the Joint Committee on Public Service, Oversight and Petitions on Wednesday last, stated on more than one occasion his full trust in me, as Minister. Mr. Kieran FitzGerald, a member of the commission, when questioned in an interview on "Prime Time" on Tuesday night last on my statement that evening to the Dáil, stated, "we've no disagreement at all with the Minister". Later on in the interview, when asked by Ms Miriam O'Callaghan why the commission did not report to me on the investigation undertaken by them, when it was suggested to Mr. FitzGerald that GSOC "didn't trust" me, he stated "we have full faith in the Minister".

My concern to ensure a proper working relationship between An Garda Síochána and GSOC, and the resolution of well publicised difficulties last spring between the two organisations, resulted in meetings with both the Garda Commissioner and the chairman of GSOC and, ultimately, the conclusion of a new protocol between both bodies, the objective of which was to ensure that GSOC could fully and properly carry out its statutory duties with the fullest necessary Garda co-operation. Just over two weeks ago, prior to the commencement of this controversy, I announced my intention to bring before Government proposals to amend the Garda Síochána Act 2005 to address aspects of the legislation that required change and which have been the subject of both reports and public comment. I also took the steps necessary to ensure that, in the context of GSOC's investigation into the fixed ticket charge controversy, it had direct access to the PULSE system, and stated it will also have such access in other future investigations. The statement I issued on Monday fortnight last has been available since that date on the Department of Justice and Equality website.

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