Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

I have listened carefully to the debate and it seems that it is not just on this side that there is contradiction. On the one hand, Deputy Crowe said the relationship between the Commissioner and the Minister is too cosy and on the other hand Deputy Tóibín said the relationship is fractured. We must be clear in what we say.

There should be a broad welcome for the decision by Government to appoint a retired High Court judge to inquire into all matters of relevance relating to reports that GSOC has been under surveillance. It is a very serious matter. I echo the hope expressed by the Minister and others that the judge will now be given the time and space to conduct the inquiries and to come to clear conclusions on these matters.

The reports that GSOC may have been under surveillance have been the cause of understandable concern, not just among the public but within Government as well, and the legitimate subject of political debate. The Minister for Justice and Equality has been accused of misleading or withholding information from this House, when that is patently not the case. Last night the Minister convincingly explained how everything he has said to this House is based on briefings given to him by GSOC and founded on fact. Perhaps the most absurd accusation in this regard was that the Minister, in telling the House that GSOC had launched an investigation into the concerns but not specifically referencing section 102 of the Garda Síochána Act as the basis for that investigation, was somehow withholding vital information. As the Minister asked last night, what other section could conceivably have been used. Of course the investigation under section 102 related to potential Garda wrongdoing, because GSOC can only investigate members of the Garda Síochána. There could have been no other type of investigation. I should say that in addition to speaking yesterday on the motion before the House, where he dealt with these claims, the Minister also appeared before the Joint Committee on Public Service, Oversight and Petitions earlier this evening and comprehensively answered the questions of committee members.

We should not overlook the central fact that GSOC, which more than anyone has an interest in finding out if it was under surveillance, carried out an investigation into those concerns, concluded that there was no evidence of Garda misconduct, that no definitive evidence of unauthorised technical or electronic surveillance was found, and decided that no further action was necessary or practicable. Nevertheless, it is undoubtedly true that the rolling nature of the debate, following on from the hearing of the Committee on Public Service, Oversight and Petitions last Wednesday, together with the availability of further information and documentation received from GSOC and further technical information which the Minister has received regarding the evidential basis for concerns of surveillance of GSOC, has led to a situation where a resolution of the issues is required. Accordingly, I welcome the decision taken by the Government to appoint a retired judge of the High Court who will be able to conduct a calm, factual and independent analysis of the concerns and come to conclusions which can be accepted by everyone as authoritative.

There are central and important issues that must be comprehensively answered. I believe the investigation now under way will give the answers. In relation to that work, I was pleased to hear the Minister for Justice and Equality announce, before this controversy developed, that he would bring to Cabinet a number of amendments to the Garda Síochána Act 2005 relating to the powers of GSOC. I understand the Joint Committee on Justice, Defence and Equality will also be asked to consider the issue and to make any recommendations on what amendments might be made to the 2005 Act. I welcome that also.

Even in advance of the consideration of amendments to the 2005 Act relating to GSOC, the Minister has made clear that he is working with his colleague, the Minister for Public Expenditure and Reform, to make a specific amendment, to be included in the Protected Disclosures Bill currently before this House, which would allow GSOC operate within the architecture of the Bill and accept reports from Garda whistleblowers. This new system will replace the current system.

We have a situation where the concerns of surveillance of GSOC will now be examined by a High Court judge, where the legislation governing GSOC will be reviewed and where necessary strengthened and where already steps are being taken to expand GSOC's remit to accept reports from Garda whistleblowers. I believe that is an outcome which should be and will be accepted and welcomed by all sides in this House.

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