Dáil debates

Thursday, 6 October 2016

12:05 pm

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

It may be helpful if I attempt to put in context the events of recent days. I agree with what the Deputy said about the importance of the role of An Garda Síochána. Its members confront many challenges, as has been discussed in this House on many occasions, and it is extremely important that nothing undermines their ability to keep our communities safe. It is right to acknowledge some of the successes the Garda has had, which are evidenced by recent events and recent crime figures. The Garda has had successes in this regard and it is the first line between the public and criminal elements. However, for all of its strengths, I and my colleagues in the current Government and that which preceded it recognised that fundamental reforms were necessary. The Deputy outlined some of the challenges that exist. To put matters in context, some of the reforms that have taken place recently include an open and independent process for the selection of the new Garda Commissioner, strengthening the role of the Garda Síochána Ombudsman Commission, GSOC, an independent review mechanism and the extension of the Freedom of Information Act to An Garda Síochána. There have been various inquiries and a former President of the Circuit Court has been appointed to act as an independent oversight authority.

In addition, we also have the Protected Disclosure Act 2014. Much of the public comment this week has been based on the fact that two members of An Garda Síochána recently made disclosures. I received these last Monday. The House passed the Act in question and a fundamental protection under it is that I must protect the identity of those making disclosures. This has led to the position whereby various claims have been made publicly about what those disclosures contain and I simply cannot comment on their accuracy or otherwise. That is the reality; that is the law. While it limits what I can say in the House, I intend to follow scrupulously my legal obligations in this regard. It is vitally important that the claims people make in such disclosures are properly addressed. However, this must be done in a way that is fair, proper, just and within the rule of law. It would be a cruel irony if a system that was introduced to deal with wrongdoing were to lead us, in turn, to do wrong to people. Everyone is entitled to his or her good name unless it can be fairly and objectively shown that he or she has been involved in wrongdoing. That is why what is important is that a procedure be put in place in order that such claims can be properly assessed and that the people who are the subject of such claims will have a chance to respond to them. As the Deputy rightly stated, I have consulted the Attorney General as to how to best achieve this. There will be no delay.

I have clear obligations under the Act if I am the recipient of a protected disclosure and there would be no delay in putting in place a process to achieve it.

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