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

If there are questions of criminal investigation concerning retired gardaí, clearly, that would continue in regard to those gardaí. When it comes to disciplinary procedures a different issue arises because if a person is retired that is not relevant. Clearly, however, if there are issues in regard to a criminal investigation that would be ongoing.

I will give the Deputies as much information as we have in regard to the breakdown of the number of complaints that are excluded because of time. The point is that those in GSOC are satisfied they can appropriately deal with complaints which go further back than 12 months within the scope of section 84(2). I would refer the Deputies again to that section, which states that GSOC has discretion in this regard, although the Deputies are asking how much it uses that discretion and whether cases are falling outside the remit of investigation by GSOC which should be included. Again, that is a critical decision-making area for GSOC. It has the discretion, if a case goes back more than 12 months, to undertake the investigation. It is very important to remember that. The key point might be to ask the question, and to put it in the public arena, as to what are the criteria with regard to the cases that come forward that are beyond the 12 months and which GSOC rejects or accepts. We will see if we can get more information in that regard as I believe it will inform the debate.

In 2014 some 2,224 people used the services of GSOC, which looked at a whole range of allegations. For example, the Garda Commissioner, under section 102(1) of the Garda Síochána Act, referred 60 cases to GSOC. The number of fatalities that were investigated arising from referrals to GSOC under section 102 of the Garda Síochána Act was 14 because, of course, those cases are always investigated by GSOC. Twenty-five files went to the DPP from GSOC last year. From those statistics, we can see it is a very active body.

There is a 19% increase in GSOC's budget this year. However, I take the point that, given the demands of the situation and the work it does that is subject to ongoing review. The extra money was given because it was doing the work on the penalty points. If it is working on specific areas again, we will continue to examine its budget.

I have regular meetings with GSOC. It brings issues to my attention and I work on those issues. In terms of staff being dissatisfied, I would hope that we will try to address any concerns that arise in as satisfactory manner as possible.

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