Dáil debates

Wednesday, 23 May 2018

Ceisteanna - Questions - Priority Questions

Protected Disclosures

10:55 am

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

Deputy Clare Daly will be aware from previous questions on this issue that the Protected Disclosures Act 2014 was enacted to allow employees to bring alleged wrongdoing to the attention of the appropriate authorities. The Act also affords important protections to persons making protected disclosures and specifically included the Garda Síochána Ombudsman Commission, GSOC, as a designated body for receipt of protected disclosures. The protections afforded under the Act include protection from dismissal and other forms of penalisation and for the protection of the identity of persons making disclosures.

The protected disclosure that the Deputy refers to was not made to me, as Minister. As I understand it, the protected disclosure was made directly to the Garda Síochána Ombudsman Commission by the member named by the Deputy. This House will be well aware of the independence of GSOC and I need not labour the issue, except to state that GSOC's statutory independence prevents me from interfering in any matter that that body is currently investigating. That is the guarantee of the independence of GSOC and the guarantee to persons making complaints that their complaints will be considered independently and free from outside interference and particularly free from any form intervention in this House.

I have full confidence in the role that GSOC plays in investigating complaints of wrongdoing in the Garda, including protected disclosures from members. I urge Deputy Clare Daly to allow GSOC the time and space necessary to carry out its investigations. Often what may seem like a simple enough issue to the member in question conceals a large degree and layer of complex legal issues involved. The Deputy should bear in mind that GSOC has a responsibility to persons making complaints, as well as to those against whom allegations are made and I want to see a full, complete and impartial investigation in order to allow the independent body arrive at the truth.

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