Enda Kenny (Mayo, Fine Gael) | Oireachtas source

I agree that the situation would be far better if this matter were cleared up once and for all. I recall the issue surrounding Deputy Daly and the clarification about that. Perhaps the Deputy might be good enough to give me a copy of the document he read into the record and I will have that communicated to the Minister for Justice and Equality immediately. I am sure the Garda Commissioner herself would want to see that this matter is concluded in so far as the issues Deputy Wallace has raised are concerned.

I took a few words from what the Deputy said. He indicated that we are more or less saying that commissions of investigation are out of our hands. They are, and it is not that we are just saying that now. We have always said that. Once the Cabinet approves terms of reference and they are debated and agreed by the House, or voted on by the House, the commission of investigation becomes the sole responsibility of the person in charge of it. That is not a new issue, it has always been the case, and it is perfectly clear and distinct from any responsibilities in the Chamber.

The changes in the justice system that were referred to are the most extensive since the foundation of the State. The appointment of an independent policing authority speaks for itself. That is now in the process of becoming a formal entity, which is a clear decision of Government, and it puts the justice system and the Garda in a very different space from what they have occupied since 1922. I am not sure what the Deputy means when he says there seems to be a failure to get at the truth. If he wants to clarify that in a supplementary question, I would be happy to listen to him. What is it that he feels we are not looking at? Is he suggesting that there is something here which is deliberately not being analysed or investigated?

I cannot accept his statement that there is pretty good evidence that the current Garda Commissioner was earmarked for the job. This was an open competition, both nationally and internationally, with a very independent interview process. That was also by decision of the Government. Garda Commissioner O'Sullivan came through that process very strongly, from the applications to the short list to acceptance by the Government. That included the shadow chairperson of the policing authority. The independent policing authority is independent. It puts the situation in a very different light from before.

The Deputy said that people still do not seem to have grasped how much it needs to be changed. However, the changes that have occurred or are in the process of occurring include the establishment of an independent policing authority; the appointment of a chairman designate; the international open competition for the Garda Commissioner; a similar open competition, which is now under way, for the appointment of Deputy Garda Commissioners; the provision of enhanced powers under GSOC; the passing of new legislation both in respect of freedom of information and of whistleblowers; and the Garda Síochána (Amendment) Act 2015, relevant to GSOC, which was enacted in March 2015 and provides for the strengthening of the powers and the functions of the Garda Síochána Ombudsman's Commission in respect of complaints, procedures and investigations. These provisions will commence very shortly. The process of appointing the Garda Commissioner was by open, international competition, and the same applies in respect of the two current vacancies at deputy commissioner level. The policing authority Bill was published last November. It was referred to the Oireachtas committee for pre-legislative scrutiny, as is now the norm. The text of that Bill will be published by the Government early in May. It is also intended to advertise for the remaining members of the authority in early May, through the Public Appointments Service, and to appoint a chief executive. That is a very significant change from the process that used to apply. If the Deputy wants to discuss his comments about pretty good evidence and a perception that there is a reluctance to get at the truth, I would be happy to respond to him.

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