The following motion was moved by Deputy Jonathan O'Brien on Tuesday, 18 February 2014: That Dáil Éireann:notes— that the Garda Síochána Ombudsman Commission is an independent statutory body established under the Garda Síochána Act 2005 to provide an independent and effective civilian oversight of policing in this State; — that the Garda Síochána Ombudsman Commission has a hugely important role in ensuring that public confidence in the Garda Síochána is maintained; — the reports that the Garda Síochána Ombudsman Commission’s offices may have been subjected to covert surveillance; and — that the obfuscation by the Government, thus far, to these reports has only served to obscure the situation and undermine confidence in both State agencies, including statements made by members of the Government into the Dáil record which have now been flatly contradicted by the Ombudsman;recognises that:— significant public concern now exists in relation to this matter and that there is an urgent need to ensure that public trust and confidence in the Garda Síochána and the Garda Síochána Ombudsman Commission is maintained; and — there is now a compelling case to establish an independent inquiry into this matter without delay, to be undertaken by a suitable person(s) with the appropriate experience, qualifications, training and expertise; andcalls on the Government to establish an independent inquiry into the matter without delay and consider options including a Commission of Investigation, as provided for under existing legislation through the Commissions of Investigation Act 2004. Amendment No. 1 was moved by the Minister for Justice and Equality, Deputy Alan Shatter: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." Debate resumed on amendment No. 1 to amendment No. 1:To delete all words from "the investigation" down to and including "reasonably practicable", and substitute the following: agrees that the terms of reference of the inquiry into the recent Garda Síochána Ombudsman Commission controversy should be agreed by Dáil Éireann, that the Judge appointed should be allowed to extend the terms if he deems it appropriate and the report should be immediately placed before Dáil Eireann when it is completed".(Deputy Niall Collins)

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