Alan Farrell (Dublin North, Fine Gael) | Oireachtas source

I welcome the Government's acceptance of the findings and conclusions of former Judge Cooke's inquiry. That inquiry was tasked with examining the sequence of events and the facts which led GSOC to begin a public interest investigation in October 2013. However, Judge Cooke found that "evidence does not support the proposition that actual surveillance ... took place and much less that it was carried out by members of the Garda Síochána."

Before addressing the findings of the Cooke report, I am encouraged that we have had an independent and thorough examination into the serious allegations that GSOC had been under surveillance by members of An Garda Síochána. This was the only appropriate course of action as anything other than an independent investigation into such issues would not have had such a degree of credibility and certainly would not promote public confidence in the oversight of An Garda Síochána. After all, it is of fundamental importance that there is public confidence in the force in order to allow its members to carry out their duties to their fullest potential.

Earlier today, Fianna Fáil's current justice spokesperson, Deputy Niall Collins, said the inquiry should be composed of a judicial figure, suitable technical experts and an independent international police force member. Deputy Collins will find that, by allowing Judge Cooke to engage the services of professionals in this area, the Government ensured that technical advice was taken into account by Judge Cooke when he considered the evidence before him. Judge Cooke had a broad mandate to carry out an independent investigation in the manner he saw fit, which was given to him in the terms of reference.

Deputy Collins's suggestion that the Government curtailed the Cooke investigation is simply an untruth. It is clear that the Government did no such thing. By stating that the Taoiseach would try, in some way, to manipulate the outcome of the inquiry, is nothing more than an attempt by Deputy Collins to tarnish the office of An Taoiseach once again. It is irresponsible to suggest that the office of An Taoiseach would attempt to place a mole in the inquiry team. This is an example of Deputy Collins mud-slinging for political gain. Perhaps the Deputy could stick to facts in future and acknowledge them.

For the record, the Department of the Taoiseach has stated that Judge Cooke was appointed by the Government to carry out an independent inquiry. The Department of An Taoiseach provided him with administrative assistance in the setting up of that inquiry including the provision of office space. As Judge Cooke's report states, the Department of An Taoiseach received a letter containing an unsolicited offer of assistance as an investigator from an individual whose CV indicated 20 years' experience in the intelligence services as an officer in the Defence Forces. The Department of An Taoiseach acknowledged receipt of the letter, stating that it would be passed to Judge Cooke, which it was without comment or endorsement. As the report also points out, the offer was not taken up. This is yet another example of Deputy Collins getting the wrong end of the stick in attempting to tarnish the Office of An Taoiseach.

Regarding the findings outlined in the report, Judge Cooke found that the accounts which alleged that device 4B - wireless audio and video media equipment, which was installed in a conference room within GSOC - had been connecting to the external Internet hotspot in a nearby cafe, as being "not convincing". In fact, this equipment was not even microphone-enabled as originally thought and, therefore, its capability of actually transmitting information of use would have been very limited in this case.

Furthermore, in relation to the claim that a fake UK 3G network was actually an IMSI catcher, which was being used to track and intercept mobile phones, the report outlines that this was "highly likely" to have actually been a mobile phone company testing its 4G service in the vicinity of GSOC. The likelihood of this being the case was further confirmed by the mobile phone company itself.

Another point which has been outlined in the report as not having any evidence to support its connection to An Garda Síochána is the call-back to the landline teleconferencing phone, following its being subject to an alerting test. While it is not clear as to what caused this call-back, it is clear that, as Judge Cooke said, there was no evidence to link it to "an offence or misbehaviour on the part of a member of the Garda Síochána."

GSOC's public interest investigation of October 2013 concluded that GSOC "did not find any definite evidence that GSOC was under technical or electronic surveillance. It did, however, uncover a number of technical and electronic anomalies that cannot be explained."

I wish to echo the call of the Minister, Deputy Fitzgerald, for a new culture of co-operation between GSOC and An Garda Síochána. I wish to highlight something that came to my attention this afternoon, which I find quite troubling with respect to establishing such a culture of co-operation. When the Irish Independentquoted Deputy Niall Collins as saying "Shatter tried to make GSOC villains rather than victims of bugging allegations", I was quite appalled to find that GSOC re-tweeted it. That is highly questionable, given that GSOC's own mission statement says it will provide and promote efficient, fair and independent oversight of An Garda Síochána. It is neither fair nor independent of GSOC to involve itself in the political process. An element of cop-on must be used by the commissioners in that regard, or by the person pressing the tweet button.

I ask the Acting Chairman to allow the remainder of my remarks to be read in to the record.

See this speech in context