Mick Wallace (Wexford, Independent)
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To ask the Minister for Justice and Equality the number of complaints received by the Garda Siochana Ombudsman Commission since its inception in 2007; the number of these complaints submitted for investigation; the number of cases which resulted in criminal prosecutions; the number of cases which resulted in disciplinary processes against individual members of An Garda Siochana; if he will indicate if he is satisfied that the Ombudsman Commission provides sufficient independent oversight of An Garda Síochána; and if he will make a statement on the matter. [11851/13]

Alan Shatter (Dublin South, Fine Gael)
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The Ombudsman Commission commenced operations in May 2007. From May 2007 to the end of January 2013 the Garda Ombudsman Commission has received 13,673 complaints of which 7,718 were deemed to be admissible in accordance with the provisions of the Act of 2005. During this period the ombudsman advised that the commission referred 149 cases to the Office of the Director of Public Prosecutions which has directed prosecutions in relation to 41 of these cases.

The application of discipline to members of the Garda Síochána is the responsibility of the Garda Commissioner. The information on the number of complaints to the Ombudsman Commission under the 2005 Act which resulted in the imposition of disciplinary processes against individual members of the Garda Síochána has been requested from the Commissioner but was not available for today's answer. I will revert separately to the Deputy in this regard when the information is to hand.

The Garda Síochána Ombudsman Commission is an independent body established under the Garda Síochána Act 2005. While funding for the Ombudsman Commission is channelled through my Department, as the Minister for Justice and Equality, I have no function in relation to the processing of individual complaints which are referred to the commission for investigation. The commissioners are nominated by the Government and appointed under presidential warrant following the passage of resolutions by both Houses recommending their appointment.

I am satisfied that the Garda Ombudsman Commission has been provided with appropriate powers under the 2005 Act to ensure independent oversight of the Garda Síochána and that it has effectively discharged its functions to date.

Mick Wallace (Wexford, Independent)
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The Minister referred to the Garda Síochána Act 2005. The objectives of the commission were set out as being to establish a system for dealing with complaints that is efficient, effective and fair to all concerned,and, second, to promote public confidence in the system. Does the Minister admit that the recent comments of the UN rapporteur following her visit in November 2012 demonstrate that the institution of the ombudsman has failed to achieve both of those objectives?

There were over 13,000 complaints but only 149 of those were referred to the DPP, which does not seem like a great turnover. The UN human rights report expressed concerns over the excessive dependence by the Garda Síochána Ombudsman Commission on the Department of Justice and Equality. The rapporteur called for the creation of an entirely independent Garda ombudsman. The type of over-reliance on the Department of Justice and Equality referred to by the rapporteur was demonstrated recently when the Minister refused to order an ombudsman inquiry, under Section 106, into the penalty points controversy, leaving the hands of the ombudsman tied. In that context, does the Minister have a date for the completion of the internal inquiry into that issue? We have been receiving reports that the Assistant Commissioner who is carrying out the investigation into the penalty points controversy is retrospectively trying to legitimise the malpractice that was rampant among senior gardaí. I am very worried about the transparency and accountability in this regard, especially given the fact that the Commissioner himself has pretty much rubbished the whole exercise.

I would be very surprised if the Minister could say that he is very happy with the functioning of the ombudsman's office. There are about 80 people working in the commission, occupying three different premises in the country. The commission is very costly but we are not really getting much bang for our buck. Does the Minister agree?

Alan Shatter (Dublin South, Fine Gael)
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The Deputy managed, during the course of those questions, to make a variety of allegations against a variety of people, all of which were incorrect. The first allegation he made was that the Garda Commissioner has sought to rubbish the inquiry into ticket charges. I am not aware that the Commissioner has done that. I am aware that he is taking the matter very seriously and has required that it be fully investigated. In reply to the Deputy, I expect during the course of this month to receive the outcome of that investigation and I intend to publish it. That is the position in that regard.

The Deputy has made an allegation against another member of the force and said that he is trying to retrospectively justify what he refers to as unlawful conduct. I have no information to that effect but if the Deputy has such information, perhaps he will set it out in writing and furnish it to me, telling me on what basis he is making that allegation. It is unfortunate that a Member of this House should use the House to make allegations against individuals who are not in a position to respond.

As the Deputy knows, under the Garda Síochána Act 2005, the Garda Síochána Ombudsman Commission is independent and is not dependent on me, as Minister. Any individual can make a complaint to the commission, which will then independently determine whether there is prima facie basis for investigating a complaint and will then determine that an investigation, if appropriate, takes place. I have no hand, act or part in that determination and the Deputy is well aware of that. I cannot comment on what it is reported some UN rapporteur has said, given the manner in which it is quoted by the Deputy. However, in so far as anyone has reached a conclusion that the Garda Síochána Ombudsman Commission is not independent, he or she has clearly not read the legislation and does not know the manner in which the commission operates. Clearly, it would be completely inappropriate if I, as Minister, was in a position to interfere in any investigation that it undertakes.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The time has run out.

Mick Wallace (Wexford, Independent)
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If I may respond ---

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We are out of time. I gave the Deputy a warning that we were running out of time. I am only applying the rules here.