Regina Doherty (Meath East, Fine Gael) | Oireachtas source

At the outset, I wish the new Minister well in her role. She has a heavy task of work to do in the coming months.

Since the foundation of the State there has been great respect from the Irish people for An Garda Síochána. The GSOC bugging controversy set off a chain of events, and political and media responses have served to damage the reputation of An Garda and left GSOC in the invidious position where even the dogs on the street know it is not fit for purpose. I welcome the very detailed consideration and due process given by Mr. Justice John Cooke into reports of unlawful surveillance of the offices of GSOC. As should be the case with any such inquiry, it was of particular importance that Mr. Justice Cooke took the time required to properly conduct his review in accordance with his terms of reference given by An Taoiseach and that he fully engaged with GSOC and applied fair procedures in the conduct of his inquiry. It is clear from the content of the report that he did so.

It is vital that there is strong public confidence in the Garda Síochána and in GSOC. That is why I found it especially damaging that both the media and the Opposition parties saw fit to consistently point the finger at An Garda Síochána as being the obvious culprit in the alleged bugging scandal. It was repeatedly raised at Leaders' Questions by the Opposition after the leak in February to The Sunday Times. That is why it is vital that we had an independent and rigorous examination, especially in circumstances in which it was suggested that such surveillance might have been carried out by the Garda or at a Government intelligence level.

When it comes to enjoying the confidence of people, credibility is crucial. Trustworthiness is paramount and it goes to the root of public confidence that we must have in GSOC. It is fair to say that at this point it is understandable that people might feel disillusioned by some of the actions of GSOC. The report's findings reveal a culture of paranoia operating within GSOC, and the reality is that Mr O'Brien and his fellow commissioners, Ms Foley and Mr. Fitzgerald, launched an investigation into the possibility their offices were being bugged by gardaí when there was scant evidence this was the case. What is important and profoundly disquieting is that trust had broken down so much between GSOC and some senior gardaí that Mr. O'Brien, the chairman of the commission, believed it possible that security had been compromised by An Garda Síochána. It is essential for a culture of co-operation between the Garda force and GSOC and that both the public and the Garda have confidence in the body.

Mr. Justice Cooke noted that GSOC was under a statutory obligation to report to the Minister at the time. This did not happen and nobody seems to have asked the commission why not. While Mr. Justice Cooke found that GSOC's commissioners "acted in good faith", it is clear that we only know about the alleged bugging because someone within GSOC leaked it to The Sunday Times. The relevant point today is that we still do not know who that person is. What is the status of that investigation? When will we know what progress is being made on it?

An excessively suspicious mindset existed within GSOC which seems to have clouded its interpretation of the findings of its own internal sweep. Allowing for its suspicions, if the alleged bugging was as serious as GSOC believed it to be, why did it not report it to the Minister or the Taoiseach? I am sorry to say that GSOC has sustained reputational damage and has to sort out its internal security. Equally, the Garda Síochána has to understand that independent oversight is not a token gesture. It must cooperate with GSOC in the same way it expects the general public to co-operate with it.

Lessons should be learnt on all sides. I welcome the fact that the new Minister for Justice and Equality is planning immediate legislative action to strengthen GSOC and Garda oversight in general. The Minister has also said she will address an issue raised by Mr. Justice Cooke, who recommended that the precise scope of GSOC investigations under section 102(4) of the Garda Síochána Act 2005 should be clarified. The 2005 legislation has been found wanting. We need bodies that are very robust and trustworthy so that public confidence can be restored, particularly confidence in An Garda Síochána. The mistrust between GSOC and An Garda Síochána did not happen by accident; it happened by design, over years of difficulties arising from the legislation which established GSOC. A formal route must be established for a garda who has been under investigation to have access to some appeal or arbitration when seeking redress if he or she feels the outcome of that investigation was unfair. There must be strong improvements in what GSOC can do in respect of the spirit of its remit while also supporting and respecting An Garda Síochána in its daily duties.

The serious misgivings of some of the members of An Garda Síochána about GSOC are fundamental to the mistrust between the two organisations, and that arises from the legislation establishing GSOC. We need action, not just words, and thankfully that is happening under the current Minister. One change the Minister will make in July is that the Commissioner will be subject to oversight by GSOC. Alongside that is the move to establish the policing authority and to strengthen the GSOC legislation, all of which is extremely welcome. There must be obligations on both sides, on GSOC and An Garda Síochána, to work together and share information. This requires more than protocols and legislative change.

It is our fundamental right to trust the force that polices us and it is a fundamental right for that force to have confidence in the entity which regulates the policing structure. The public does not have confidence in GSOC today, but the Government is moving to ensure that we have confidence in both organisations.

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