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

We discussed certain elements of this amendment earlier. We are sending a strong message by imposing on the Garda Commissioner a statutory obligation to provide information. This is an important step. As Deputies Mick Wallace and Clare Daly acknowledged, it is right to underpin in law the obligation to make information available. The purpose of the new section 103A which is being inserted in the Act by section 9 is to place a statutory obligation on the Garda Commissioner to provide for the Garda Síochána Ombudsman Commission any information it needs for the purpose of the investigation of a complaint. In that regard and to respond to an earlier point, the obligation applies to all sections of the Bill and is not confined in scope. The statutory obligation to make available information applies to any investigation or matters comprehended by sections 102 and 102B.

A clear issue has been identified. I cannot comment on the particular case raised by Deputy Pádraig Mac Lochlainn, other than to state a decision was made by the Director of Public Prosecutions. Historically and even in recent years, there has been a problem with the time taken to provide information. The Garda Síochána Ombudsman Commission has made the point that information needs to be provided in as timely a manner as possible and the Garda Síochána has accepted this.

As I indicated, GSOC has informed me that the timeframe within which information is provided has changed considerably. I have undertaken to provide the Deputies opposite with all information available to me on this issue in order that they can see the changes that have taken place in the time the Garda takes to provide information. This is very important for complainants and others in ensuring investigations can proceed speedily.

The legislation requires information to be provided for the Garda Síochána Ombudsman Commission as soon as practicable, that is, as soon as it is feasible to do so. It is inevitable that circumstances will arise in which it may take longer to make information available. It would be very difficult to adhere to a specific deadline in some circumstances, for example, where a key witness is not available, a large body of documentation is required or a case is highly complex. However, we have introduced a statutory obligation which the Garda Commissioner must fulfil. This is an important step.

I am aware that the time taken to supply information and material to the Garda Síochána Ombudsman Commission was unacceptable in the past. The new provision gives the commission the power to be insistent, where necessary, and places an obligation on the Garda Síochána to supply the information sought. Clearly, each side needs to understand the role and obligations of the other side.

It is important that information required to conduct or complete an investigation is provided as quickly as possible. As I stated, this is a statutory obligation. We can monitor the position. We have introduced changes, including the introduction of protocols on the initiative of the Department as a means of dealing with problems in the information flow between An Garda Síochána and the Garda Síochána Ombudsman Commission.

I indicated on Committee Stage that I would further examine the provision of information for GSOC. Having done so and following consultation with the Office of the Attorney General, I consider the measure provided in the Bill to be appropriate to the circumstances that may arise in investigations. However, I will keep the matter under review. I hope the information I provide on the current position on the provision of information will reassure Deputies that timeframes are being adhered to, wherever possible. Where that is not the case, it is generally the result of the complexity of a case or a particular circumstance such as a key witness not being available.

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