Dáil debates

Wednesday, 6 July 2022

Saincheisteanna Tráthúla - Topical Issue Debate

An Garda Síochána

8:57 pm

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

I have vivid memories of my own father covering a Topical Issue matter one night and having the same response read out but that is for another day.

I thank the Deputy for raising this Topical Issue matter. As he correctly outlined, police certificates are issued for the following five purposes: the foreign consular authority and foreign visas; the establishing or registering of a business in another EU member state; employment in the EU institutions; development or humanitarian aid workers employed overseas; and, as the Deputy mentioned, Irish citizens participating in and-or engaging in an accredited academic programme on a full-time basis for a minimum period of one academic year with a recognised third level education institution in the host State. As the Deputy said, the fifth criterion is perhaps one that might suit the individuals the Deputy mentioned, but it clearly does not.

The Deputy has clearly done the groundwork, as the students have, in engaging with members of An Garda Síochána in this instance. We have had limited time to engage to enable us to respond this evening. In the interaction we have had with An Garda Síochána, the issuing of police certificates is done on a non-statutory basis. It seems that there is enough scope and flexibility within that for An Garda Síochána to include or expand that if it considered it possible. The initial conversations we have had suggest the Garda does not believe there is room for police certificates to be provided under the current rules in relation to the exact areas the Deputy mentioned. However, this is based on an early conversation we have had with the Garda and it is important that I speak directly with the Garda Commissioner or someone on his team to try to identify if this is an issue we can address as a matter of urgency. I appreciate there are people who need this now and it cannot wait until the next term or beyond.

I will give an absolute commitment to follow up with the Garda Commissioner to see whether it is something we can do, while obviously acknowledging that it is an operational matter for the Garda and one for the Garda Commissioner to decide, particularly if it is done on a non-statutory basis. There is clearly a gap here where certain individuals do not fit within the police certificate criteria and do not come under Garda vetting. As the Deputy stated, a subject access request would not be accepted by those the students wish to work for. In addition, An Garda Síochána does not recommend the use of subject access requests in this instance, so people find themselves in circumstances where there is nothing available that would be sufficient.

It would be interesting to get information on other countries or EU member states that provide this type of certificate. Perhaps the Deputy already has this information. We could look at how it is done in those countries and perhaps replicate what they are doing. Without overstepping my reach, it is important that I first speak with the Garda Commissioner to examine where we can go with this. I will certainly revert to the Deputy as quickly as I can.

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