Enda Kenny (Mayo, Fine Gael) | Oireachtas source

I received the final report of the Fennelly commission on 31 March 2017 and it was published on my Department's website on 6 April 2017. The commission's final report made findings of great concern to the Government and, I am sure, to this House.

The commission found that recording and retaining non-999 calls was not authorised by common law or by statute and that An Garda Síochána therefore infringed the constitutional rights of those recorded. The commission also made damning findings about the lack of effective oversight and procedures within An Garda Síochána over a lengthy period and the failure to respond when some technicians and officers raised concerns and questions. However, the commission also found that it is "reasonable to conclude, based on the evidence before it, that no widespread or systematic, indeed probably no significant, misuse of information derived from non-999 recordings took place". The commission also found no evidence of knowledge of the recording of non-999 telephone calls on the part of relevant Ministers for Justice and Equality, the Department of Justice and Equality, or other State agencies.

Taken together, the findings of the Fennelly commission reinforce the Government's determination to carry out a fundamental review of the future of policing in Ireland. In April, the Government approved draft terms of reference for a commission on the future of policing in Ireland, and the Tánaiste and Minister for Justice and Equality is consulting all parties in the House before those are finalised. The review will look at all functions carried out by An Garda Síochána, including community safety, State security and immigration. It will also consider the full range of bodies that provide oversight and accountability for policing in Ireland. It will take account of the changing nature of crime, society and public expectations; best practice in other countries; previous reports concerning policing in Ireland; and any specific challenges to delivering consistent reform in policing.

In addition to this comprehensive reform agenda, the Government has also agreed that the Tánaiste will refer the Fennelly report to the Policing Authority to oversee implementation of its recommendations in the context of its oversight of An Garda Síochána; examine the need for legislation on the recording of calls and related matters on foot of the recommendations of the Fennelly commission; and refer matters in the report relating to the Bailey case to the Garda Síochána Ombudsman Commission, GSOC, to consider whether it believes any further investigation is necessary against the background of the investigation it has been carrying out already into the case.

See this speech in context