Dáil debates

Tuesday, 16 May 2017

2:55 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael) | Oireachtas source

The Deputy raised questions about potential corruption, bugging and accountability, and she raised the most distressing issue of all, which was the video of a young woman who is no longer with us. We share the grief of her family over the tragedy. That matter is being investigated as a matter of urgency by the Garda. I understand from reports that the footage was taken on a mobile phone.

The Deputy made her point about that. She also made a point about bugging, an issue of particular importance and on which I have read the newspaper reports. As the Deputy will be well aware, there is a designated judge who deals with the question of listening to particular individuals. The Deputy does not comment on any of these cases because they are small in number. I have the last report from 10 November last year by Mr. Justice Paul McDermott in front of me. He states:

2. On 27th October, 2016 I attended at the Office of the Department of Justice and Equality ... and met with officials who made available to me documents and records relating to the operation of the Acts, as requested. I examined the files and records furnished and spoke to the officials responsible for the operation of the Acts and liaison with other authorities in respect of same. All documents requested by me were furnished and all questions posed by me in relation to the files and records produced were answered to my satisfaction.

3. On 27th October, 2016 I attended at the headquarters of An Garda Síochána ... I met with officers and personnel responsible for the operation of the above Acts. I examined computer records and hard copy tiles relating to the operation of the above Acts which were made available for my inspection and all documents and records which I requested were furnished and examined. All questions posed by me in relation to the operation of the Acts and the documents and records produced were answered to my satisfaction.

He concludes: "I am satisfied having examined the records and documents produced to me and from the information conveyed to me at these meetings that the relevant State authorities are in compliance with the provisions of the above Acts as of the date of this report".

What the Deputy referred to in respect of allegations of bugging goes back quite a number of years. I do not have the date, but obviously there was a situation where there were different Ministers for Justice for quite a long time. In respect of bugging, this is a very serious matter and the Minister for Justice and Equality of the day is not in a position to order that an individual be eavesdropped upon using telecommunications without having an official of the Department verify in the first instance that it would comply with the Act and that it would be overseen by the High Court judge with responsibility for this matter. There is a lot of stuff in the ether about which I would like to know the facts. As I understand it, the case the Deputy mentioned went before the courts not for bugging or eavesdropping but for personal injuries. It was a different matter and this was an element of the case. Be that as it may, it is a very serious allegation. I am giving the Deputy the result of the judge's most recent report on compliance with the Act in so far as the Department of Justice and Equality and An Garda Síochána are concerned. All of the evidence, files and computers were made available and all of the questions were answered to the satisfaction of the judge.

The Commissioner of An Garda Síochána is the Accounting Officer for the Garda Vote. She is responsible to the Committee of Public Accounts for dealing with the Vote. The matter is being investigated by the committee and it is not for me or the Deputy to interfere with its work. In law, the Commissioner is responsible to the Committee of Public Accounts as Accounting Officer for the Garda Vote and we should let the committee do its work.

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