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

I will take these matters in reverse order. First, the Deputy has raised a case regarding a matter in Cork of which I am not aware. Everyone in this House who has an interest in these issues is familiar with the report that was produced by GSOC arising out of the Boylan case, in which it made a complaint about the length of time it took to get some information and documentation from An Garda Síochána. I had previously told the House in respect of this matter that while substantial documentation was furnished over an extended period of time, it was quite clear that this was an issue of great concern to GSOC, and arising out of that - I revert to a conversation Deputy Collins and I had a few minutes ago - I took with great seriousness the concerns expressed by GSOC. We organised in my Department a meeting with the then Garda Commissioner and the head of GSOC to discuss the difficulties that had arisen. For some time - I am now talking about last summer - there had been ongoing discussions involving GSOC and An Garda Síochána on the creation of a new protocol to ensure issues of difficulty were dealt with between them and that there were strict timelines for dealing with issues, with some matters addressed where unexpected difficulties could arise. Those protocols had not been completed and as the talks in my view had gone on for an unduly lengthy period, I urged them to bring matters to a conclusion. Ultimately, the protocols were completed and agreed and were signed in September of 2013. As part of the arrangement that was to be put in place to prevent the type of situation that the Deputy describes from arising, it was arranged that if GSOC encountered difficulties such as an inability to access materials for an inordinate length of time, or protocols not being complied with, an official in my Department would be informed. If need be, the official in question would resolve the matter with the Garda Síochána or sit down with the heads of the Garda Síochána and GSOC and mediate a solution, because one cannot have such issues dragging on. Consequently, if there is a difficulty, we have a mechanism to deal with it, and I urge that it be dealt with. The Deputy can communicate to the person concerned that if it is believed that GSOC is having this difficulty, it should invoke this mechanism and it should be resolved.

As for the other few issues raised, I am conscious of time, but the Deputy raised the issue of a letter I sent to him. I appreciate that he now has come back with what might be described as a modified presentation from that made earlier, because he previously berated me about this matter on the basis that he had told me about it and I had told him there were procedures in place that should be followed. The Deputy raised a serious issue in this House in an earlier debate. I had concerns about it and met him just outside the confines of the Chamber. I explained to him that I did not know the detail of the matter. I explained to him that if he wrote to me detailing the circumstances of the individual, I would have the matter looked into. Out of concern, I wrote to him a short number of days thereafter stating:

Dear John,

Earlier this week you raised the issue of a female member of An Garda Síochána who took a complaint of sexual harassment to the confidential recipient. I am not aware of any details of what is alleged to have occurred, other then what you said in the Dáil and what has been reported in the media. Any such allegations of the type described are, of course, operational matters that would fall to be dealt with under the procedures in place in An Garda Síochána for dealing with complaints of this nature. However, if you forward the details of the case to me, I will arrange to have the matter followed up and will revert to you in due course.

I am still waiting for the Deputy to do that, so obviously he was mistaken earlier on what he said. There are of course internal Garda procedures to deal with issues of sexual harassment. However, if there is an issue of this nature and it is not followed up properly, I have no difficulty with the details being given to me and I will ensure it is followed up in a manner that is appropriate and does not prejudice any issues. However, I again state to the Deputy that it obviously is for the individual concerned to determine to what extent the individual wishes information to be furnished to the Minister for Justice and Equality. I totally understand that. However, if the information becomes available, the Deputy is very welcome to furnish it to me and I assure him that I will follow it up.

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