Clare Daly (Dublin North, United Left) | Oireachtas source

In an ideal world, where things work smoothly on the basis of mutual respect and co-operation, co-operation between GSOC and An Garda Síochána would be advisable. Mandatory co-operation, if this does not sound like a contradiction, would be better. While there have, undoubtedly, been some improvements, the problem remains that if it is not specified, in cases in which tensions are high or where a serious matter is being investigated, there is a tendency to cover up. We need to ensure GSOC will not be hindered in its work. We cannot just specify PULSE, but often GSOC investigations are delayed by obstreperous and ridiculous objections to requests for information. In my case, it concerned a request for a list of staff on duty on the night in question. It took 11 or 12 letters to get the information, with replies being received querying the reason GSOC wanted to know the information.

There is a provision inserting, in section 103A, a legal obligation on the Garda Commissioner to hand over some information, but it only applies to investigations under section 102. It does not apply to more run-of-the-mill scenarios under sections 95 and 98 which cover the vast majority of GSOC investigations. Providing for GSOC to have the power to require someone to pass on information under these sections or to attend in person is important because there have been multiple examples of the GSOC process being delayed by someone not turning up or coming up with excuses. This is to seal the issue and give the provision more backbone. While noting the improvements made, it is worthwhile considering the amendment.

See this speech in context