Mick Wallace (Wexford, Independent) | Oireachtas source

It is ironic that we are discussing this while the former Minister is in court answering questions on similar topics. I gather the Taoiseach is saying that although he promised the Fennelly report would be published before the end of 2014, he is now saying it will be by the end of 2015 and that it is out of his hands. The progress of the promised reform is frustrating. It is all linked. There is a perception that the Taoiseach is not very keen on getting to the truth. I fear there are many things we will not discover before the next election.

The Guerin report was set up nine months after it was initially planned. Perhaps the Taoiseach can enlighten us on why it took so long. The excuse used for the independent review mechanism, which was to be delivered in September and which we have still not seen after Easter - eight months later - is that there are a lot of cases. There are always a lot of cases. I wonder why the Taoiseach thought it could be delivered in September.

I wonder why the GSOC changes that the Taoiseach was extolling some moments ago have not been implemented. The legislation has not been put in place, and I find this a bit strange, given that it was passed in the House. What was passed is a weak version of what we proposed in the Police Bill in 2013 and 2014. The Taoiseach has probably brought in around 10% of the recommendations of Professor Dermot Walsh, an expert in the field. There was much talk about GSOC holding the Commissioner to account, but clearly it can only do so with the permission of the Minister of the day. This means the process remains politicised.

The Taoiseach boasts about having appointed an independent police authority. The authority was to be up and running by December 2014. Last month I asked the Minister for Justice and Equality, Deputy Fitzgerald, for the latest date by which the authority would be up and running, and she said she hoped to have it up and running by the end of 2015. It beggars belief that there could be such a difference between the current estimate and the original proposal that it be up and running by the end of 2014. In addition, the appointment of the chairman was a political appointment, no matter how independent the Taoiseach says it was. Likewise, the Taoiseach called the appointment of the Garda Commissioner an open competition, although we have pretty good evidence that Nóirín O'Sullivan was earmarked for the job long before any open competition started.

The Taoiseach sees an independent policing authority as a cornerstone of historic police reform. I believe an independent policing authority would be historic, and would be absolutely crucial to remodelling our police force, which, sadly, seems to distance itself from an explicit and focused human rights agenda. This is core to many problems in the police force. Unless the policing authority is truly independent and completely depoliticised, many of the problems will continue. Over the past year, the Taoiseach has had a wonderful opportunity to make things different. Fine Gael has always prided itself on being the party of law and order, and there is an appetite among people for a different police force. I do not believe the Government has really grasped how much needs to be changed.

I will not go into the whistleblower elements that we have not yet mentioned. It is clear that all is not well and that many problems remain in the force. GSOC, which is also crucial, now has the role of the confidential recipient but not the resources to deal with it. A garda made a complaint to GSOC in September and was told in December that the matter was being taken seriously, but he has not heard a word since, which is worrying. I am not giving out to GSOC or suggesting it is being underhanded but that it finds it difficult to do its job. GSOC is not being resourced as well as it needs to be for its challenging job. It is not yet getting the sort of co-operation required to be an effective oversight and investigative body.

The Taoiseach will be aware of the fact that Deputy Daly was arrested two years and three months ago on a drink-drivingcharge. GSOC has been dealing with it for two years and three months and we still have not received a report on it. Here is a sample of why we have not. GSOC wrote to Deputy Daly's solicitor, stating:

Unfortunately, the gardaí who were directly involved in the arrest have declined to voluntarily provide accounts or to cooperate with the GSOC investigation. I have directed that accounts be obtained from the members by use of the power of compellability contained within Section 39 of the Garda Síochána Act 2005, as amended [...] Section 39 of the Act imposes on a Garda member a duty to account for any act or omission made by the member whilst on duty. A failure answer may leave the garda member subject to disciplinary action, including dismissal.

We have also been unable to secure a meeting with the local District Officer. I understand that he has been periodically unavailable for personal reasons. We have been attempting to arrange this meeting [for a long time]. A number of letters and phone calls have gone unanswered since then, and consideration will now also be given to using the powers available to us under Section 39 of the Act to secure the cooperation which I consider to be necessary.

We have also experienced delay on the part of the garda authorities in responding to general documentation requests. There is a protocol between GSOC and the Garda Síochána as to how such requests are to be made and fulfilled. Under the agreement, the Garda Síochána has undertaken that "The information requested by the Garda Síochána Ombudsman Commission will be made available as soon as practicable and in any event the information will be provided within 30 days". Unfortunately, this undertaking has not been met.

[...]

I am also aware that the garda authorities appointed a Superintendent to carry out some level of internal enquiry as to the accessing of PULSE following the arrest of Deputy Daly. Thirty-three days have elapsed since I requested the identity of this Superintendent, and access to documents obtained by him/her. At time of writing, I am still unaware as to the identity of the Superintendent and do not know what level of enquiry he or she has conducted, the degree to which it might overlap the GSOC Investigation and I am still unaware as to whether the Garda Síochána is carrying out an investigation into any aspect of the arrest and the subsequent press coverage of same. This has the potential to impact adversely on the GSOC investigation.

At present, there are a still number of items which the garda authorities are refusing to supply to GSOC. Further representations are being escalated to senior gardaí in accordance with the protocols between GSOC and the Garda Síochána.

These delays on the part of the garda authorities have inevitably and regrettably slowed the progress of the GSOC investigation. Further efforts will be made by GSOC to secure the requested material, and I will keep you apprised of any developments.

The Taoiseach will agree that this is an unsatisfactory situation, given that it has taken two years and three months and there is still no conclusion to this investigation, which one would not imagine would require unbelievable research by a great number of personnel.

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