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

It is right that I should first acknowledge the very valuable and painstaking work carried about by Mr. Justice Fennelly and those who supported him in his work. It is a relief that what the report finds and what it sets out is not a history of anything approaching a deliberate abuse of power by An Garda Síochána and that we are not facing a situation where criminal cases are being jeopardised.

None of that, however, can hide the fact that for many years calls were recorded by An Garda Síochána in a manner that breached people's fundamental rights. As Mr. Justice Fennelly puts it, "the entire history of the matter is associated with error and misunderstanding". I said in the House last night that problems were allowed to accumulate over many years, indeed decades, in An Garda Síochána which were not properly addressed. There is no need for me to repeat the detail of what is in the report but I think it represents overwhelming evidence of that proposition.

I have also set out in detail our proposals for reform of An Garda Síochána. Of particular relevance to some of what is outlined in the report is the making of senior civilian appointments to the leadership team in An Garda Síochána. In particular I would say one is executive director of legal and compliance and another is chief information officer. We can see the very central role of ICT and the importance of having the highest standards available. We discussed it at my Estimates discussion earlier this morning. That is why the Government has made more than €300 million available for ICT.

Aside from the extensive programme of reform which is already under way and which, as I said earlier, must continue apace, the House will be aware that yesterday I circulated draft terms of reference for a commission of investigation into the future of policing in Ireland. I want that examination to be as wide as possible, and of course I will consider any more suggestions from the House before finalising those terms of reference. As they stand, they provide for a very thorough review of all aspects of policing in Ireland, including the structures, leadership, management of policing, composition, recruitment and training, and the culture and ethos of policing. They also account for all aspects of oversight and accountability. Many Deputies have talked about the range of oversight bodies that are in place at present and the need to examine that matrix of relationships, including with the Department of Justice and Equality and the Government.

Clearly the commission will have to take into account previous reports related to An Garda Síochána. This also means that it will take into account what is set out in the Fennelly report. It makes very specific recommendations. Some of these relate to legislation, and my Department is examining these. Others relate to Garda matters and I am asking the Policing Authority to oversee the implementation of these recommendations by An Garda Síochána. The report also refers to the Bailey case. There is a limit to what I can say about that because there are a number of related court proceeding going on at present. I am, however, aware that the Garda Síochána Ombudsman Commission has been investigating matters related to this case. In the circumstances I am forwarding the relevant parts of the report to the commission to consider whether any further action is necessary on its part.

On a personal level I want to say that I find some of the comments which have been made recently about the Attorney General particularly distasteful. She has never sought public praise or a spotlight for the work she has done. I expect she might be embarrassed by what I am about to say. It is the nature of the role of the Minister for Justice and Equality that there has to be contact with the Attorney General on a range of difficult, often pressing, issues and I have to say that in those dealings I have found her to be a beacon of knowledge, wisdom and practicality. She meets the enormous demands made on her with grace, fierce determination and no guides other than the law and the public interest.

There seems to be an implication in some of what has been said in the House tonight that the decision to establish a commission of investigation into these matters was rushed or disproportionate. The report gives the lie to that. People are in danger of overlooking one simple fact: if the Government had not established a commission of investigation at the time, the people who would have been loudest in their demands to have one established are some of those who have spoken on this issue in the House tonight.

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