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

The report from the Garda Síochána Ombudsman Commission referred to by the Deputy contains a series of recommendations related to informant handling procedures within An Garda Síochána, oversight of those procedures and intelligence handling and information exchange between GSOC and An Garda Síochána. At the time, I sought the observations of the Garda Commissioner on the report and its recommendations. The Garda Commissioner in his reply pointed out the many changes which have been made to Garda handling of these matters in recent years, including the putting in place of a code of practice for the management of covert human intelligence sources. As such, many of the recommendations made by GSOC were already incorporated into Garda procedures, including improved training for gardaí, the development of an electronic system for maintaining records, placing emphasis on the necessity for gardaí to comply with professional standards, strict procedures for handling and disseminating intelligence as well as co-ordination between specialist units and robust internal auditing.

The Commissioner also emphasised that informants are clearly instructed that they may not commit crimes or act as agents provocateurs. Although it is not referred to in the GSOC report, I emphasise that there has been, since 2010, an independent, external oversight mechanism in place to ensure compliance with the code of practice of An Garda Síochána for the management and use of covert human intelligence sources. The current holder of this appointment is Mr. Justice Thomas Smyth, a former judge of the High Court. In addition to monitoring compliance with the code of practice, Mr. Justice Smyth’s remit requires him to communicate any matters he considers appropriate, including recommendations, to the Commissioner of An Garda Síochána and to report to the Minister for Justice and Equality annually on the discharge of his functions.

More generally, as I have previously advised this House, revised protocols were agreed and signed by the chairperson of GSOC and the Garda Commissioner on 23 September 2013 to ensure the highest possible level of co-operation between the two organisations. The revised protocols put in place clear procedures for the timely sharing of information, including sensitive information, and more generally for enhanced co-operation. The House will also be aware of the recent agreement of the Garda Commissioner to enhance these protocols to enable GSOC to have full access to PULSE.

Additional information not given on the floor of the House

I have no information on the sensitive operational question of the identify of members of An Garda Síochána who are, or have been, involved in informant handling or whether they are still serving.

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