Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I thank Deputy Regina Doherty for ending the contributions to this debate on that very appropriate note. It is absolutely essential for our society, as a democracy, to have confidence in An Garda Síochána. It is equally important to have confidence in GSOC. I thank all the Deputies who have contributed to the debate today. It has been wide-ranging, with many thoughtful contributions from various Members.

I want to respond to one of Deputy Mac Lochlainn’s points, with which I agree. I was glad to hear him say there is an agreed agenda, which everybody supports. He said we have to strengthen GSOC, which is absolutely true. Several Deputies said that the Garda Síochána Act 2005 was not robust enough and was not an adequate response to the Morris tribunal and the various points arising from that. The Deputy spoke about co-operation with GSOC, about people co-operating with investigations and the importance of an independent Garda authority. I believe there is wide consensus on that across the House.

Several Deputies, including Opposition Members, said today that they did not want their recent comments on An Garda Síochána to be misunderstood as meaning that they do not value its work. I welcome that because it is important to have balance in the debate on policing. While pointing out shortcomings, serious difficulties and some systemic issues, and investigating the points made by whistleblowers, we must equally acknowledge the work done by so many members of An Garda Síochána and their defence of the State over decades. The work of policing has to go on while we deal with the many critical issues that have arisen in recent weeks and months. That was a noticeable feature of the debate today.

I have listened with great interest to the contributions. I note that Deputy Coppinger and, I think, Deputy Joan Collins, spoke about Government spin and Government trying to vindicate itself with this report. There is no question of such an approach. The Government’s approach in initiating the report from Mr. Justice Cooke was to get at the truth of the alleged bugging of GSOC. We did not set out to vindicate the Government but to get at the truth of the allegations initially reported in The Sunday Timesand of the investigation undertaken by GSOC. We have a balanced report and evidence. Had I delayed publication of the report I would have been criticised. The report was redacted, there was a Cabinet meeting and I published it immediately after that. I welcome the report.

The claims that GSOC was under surveillance, and the suggestion that members of the Garda Síochána were involved, raised profound concerns of significant public interest. Everybody in this House shared those concerns and wanted and was rightly anxious to know the truth. I again thank Mr. Justice Cooke for a balanced and measured examination of the allegations and the care with which he assessed all of the available evidence. I ask that the response to the report be equally balanced and measured, and acknowledge his clear findings. Some contributions today did not do that.

The key finding was the report's statement: "[I]t is clear that the evidence does not support the proposition that actual surveillance of the kind asserted in The Sunday Timesarticle took place and much less that it was carried out by members of the Garda Síochána". We asked a retired judge to prepare this report and that is what he said. He also analysed in considerable detail the three threats identified in the security checks which were carried out, and no fair reading of this analysis could conclude that there is evidence of surveillance. For example, Mr. Justice Cooke found a perfectly rational and lawful explanation for the detection of the UK mobile phone network, originally presented as the most sinister threat because it allegedly suggested a level of technology associated with Government agencies. The explanation was that a new 4G network was being tested in the vicinity of the GSOC offices. That is a fact that he found out. He also found out that there was no microphone in a particular device, although it had been suggested there was.

It is true he concluded that one of the threats - the ring-back reaction to the alert test of the Polycom unit - remains "a technical or scientific anomaly". An anomaly is not evidence, however, and it is certainly not evidence of surveillance. It is very important for all of us to come to evidence-based conclusions about such important matters. It does a disservice to our system of policing and oversight of policing for the most profound concerns to be maintained on the basis of supposition as a substitute for evidence.

It is unhelpful that suggestions that cast wholly unwarranted doubt on the integrity of individuals and bodies have been made without any basis in evidence. Mention was made during this debate of the Department of the Taoiseach's contact with Mr. Justice Cooke in relation to technical investigation. What was put on the record of the House here today is simply not true. As the Cooke report stated, the Department of the Taoiseach received a letter "containing an unsolicited offer of assistance as an investigator from an individual". The Department acknowledged receipt of the letter and stated that it would be passed to Mr. Justice Cooke, which it was without comment or endorsement. As the report pointed out, "the offer was not taken up". Mr. Justice Cooke made it clear in the report that it was not seen as relevant to the points with which he was dealing.

I have to make it clear that another argument we heard, that the report's examination of claims of unlawful surveillance did not deal with the possibility of lawful surveillance, is a complete red herring. Telephone interceptions have to be authorised by the Minister for Justice and Equality. There would be no question of a Minister authorising interceptions in relation to the Garda Síochána Ombudsman Commission. Lawful surveillance does not arise outside very specific circumstances that are governed by statute. It is judicially authorised, except in emergency circumstances. The operation of the law is subject in an ongoing way to judicial oversight.

The Government and I accept in full the findings and recommendations of Mr. Justice Cooke's report. I ask others to accept them too. As I have said, I am referring the report to the Joint Committee on Justice, Defence and Equality, where there will be an opportunity for further debate. I have asked the Garda Síochána Ombudsman Commission and the Garda Commissioner for their responses to the report. Some of the legislative proposals I intend to introduce were recommended by Mr. Justice Cooke in his analysis. He believes the law regarding public interest investigations undertaken by Garda Síochána Ombudsman Commission needs further clarity. I look forward to engaging with Deputies again on these issues. I welcome the opportunity we have had to comment on this important report.

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