Clare Daly (Dublin North, Socialist Party)
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7. To ask the Minister for Justice and Equality his views on the operation of the Garda Ombudsman; and if he has any plans to improve accountability of An Garda Síochána. [20714/13]

Alan Shatter (Dublin South, Fine Gael)
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The Garda Síochána Ombudsman Commission was established under the Garda Síochána Act 2005 to provide independent oversight of complaints made against members of the Garda Síochána. It has approximately 90 staff, as well as the three commissioners, and a budget this year of just over €8 million.

The ombudsman commission directly investigates complaints involving allegations of criminality, and its investigative staff have full police powers to do this. It may also refer other complaints to the Garda Commissioner for investigation under the Garda disciplinary code, and it may maintain oversight of progress in those investigations.

It must also investigate any matter that appears to indicate that the conduct of a Garda member may have resulted in the death of, or serious harm to, a person. This is an automatic and mandatory requirement, no matter how innocent that conduct - for example, a straightforward car accident - appears to have been.

The ombudsman commission may also, even where it does not receive a complaint and where it appears to it to be desirable in the public interest to do so, investigate any matter that appears to indicate that a Garda member may have committed an offence or behaved in a manner that would justify disciplinary hearings. As Minister, I may also refer such a matter to the ombudsman commission for investigation.

There is also provision for the commission to investigate a practice, policy or procedure of the Garda Síochána with a view to reducing the incidence of related complaints. The commission has, therefore, a hugely important role in ensuring public confidence in the Garda Síochána is safeguarded, and has extensive powers to enable it to achieve that.

I will shortly be laying before the House the annual report of the ombudsman commission for 2012. That will provide an opportunity for further detailed discussion on its work. While I cannot go into detail on the content of the report prior to laying it before the House, I can say that it deals with, among other matters, issues relating to delays in the finalisation of investigations. I can also say that I recently met two members of the ombudsman commission and they expressed concern to me about such delays.

I regard full co-operation by the Garda Síochána with the ombudsman commission as an extremely important issue. There are agreed protocols in place provided for under the Garda Síochána Act 2005, which set down time limits for the provision of information by the Garda Síochána to the ombudsman commission, and I regard it as a matter of substantial importance that these protocols should be respected. I have asked my officials to pursue these issues with the Ombudsman Commission and the Garda Síochána, and I will look to see progress at an early date.

Clare Daly (Dublin North, Socialist Party)
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There are many issues to be monitored. The operation of the ombudsman commission has been an absolute and utter failure and it has not in any way given accountability and oversight of the Garda. This is evident from the fact that the level of prosecutions arising out of the complaints since its inception has been less than 0.5%.

I am familiar with a case where the protocols in place are being breached by the gardaí who are under investigation and the ombudsman's office has told me that this is normal, for example, where items such as requests for a duty roster for the station for that day have been outstanding for 48 days and require multiple requests from the ombudsman in order to get an answer, presumably leading to extra cost and delays. These are cases that go on for months.

It is clear from many matters that have been in the public domain, not least the penalty points investigation, that the idea of gardaí investigating themselves is a nonsense. We believe that the Minister received that report. We do not know where it is, but what is entered in the media is enough to let us know that it begins with, "Once upon a time," and ends up with, "happily ever after". However, we would like to see it. We would like to see the Minister engaging in real, independent scrutiny of the Garda because public confidence is at an all-time low.

Alan Shatter (Dublin South, Fine Gael)
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As Deputy Clare Daly will be aware, the ombudsman commission itself conducts investigations. The protocols, to which the Deputy refers and which I regard as of considerable importance, should be fully and properly adhered to by members of An Garda Síochána to facilitate the ombudsman commission in undertaking its statutory work. If there are time failures to meet requests for information or for individuals to be made available for interview by the ombudsman commission, they should only occur in exceptional circumstances, for example, where an individual may be unwell for some reason, out of work and taking leave from the force for a short period of time.

I regard these protocols as crucial to the proper functioning of the ombudsman commission. As a consequence of concerns expressed by the ombudsman commission concerning such delays that were detailed in the 2012 report, into which I cannot go in detail until it is laid before the House but which I expect will be laid before the House next week after it has been taken to Cabinet, I met the commission and my concerns in this area have been communicated by my Secretary General to the Commissioner of An Garda Síochána.

In fairness to the work done by the ombudsman commission, if the Deputy even considers the 2011 report, it received 2,275 complaints, containing 6,230 allegations of misconduct by gardaí. Some 1,424 of these allegations were found to be inadmissible. Some 18 files were submitted to the Director of Public Prosecutions during 2011 relating to 19 Garda members. The DPP directed prosecutions relating to seven Garda members and two persons who were not gardaí. Of the 19 prosecutions which were heard before the courts in 2011, 11 gardaí were acquitted and five gardaí were convicted - three for assault, one for perverting the course of justice and one for careless driving which was overturned on appeal. One probationer garda had the Probation of Offenders Act 1907 applied. A civilian was convicted of assault and a further civilian was acquitted.

It is unfair to the ombudsman commission to state that it does not conduct independent investigations; it does. It is also unfair to state that there are not consequences of its investigations; there are. It is important - I want to be absolutely categorical and agree with the Deputy - that protocols should be complied with and where there are investigations being conducted by the ombudsman commission or on behalf of the ombudsman commission, they should be progressed with reasonable speed and always with full co-operation from members of the force.

Clare Daly (Dublin North, Socialist Party)
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I am glad the Minister has said the protocol should be adhered to because the reality is that it is not. When we get the report, will the House have an opportunity to discuss it? There are indications that the blue wall of silence is still alive and well. A body that has been set up, involving many gardaí, is not the best body to have independent oversight. The question was not just about how the Garda Síochána Ombudsman Commission operates, but whether the Minister had plans to go beyond that and introduce an improved system of independent oversight.

Mick Wallace (Wexford, Independent)
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In the past six months we have received many complaints from members of the public expressing dissatisfaction at the manner in which the Garda Síochána Ombudsman Commission responded to their complaints. The general feeling among many people is that the Garda Síochána Ombudsman Commission actually protects Garda malpractice rather than holding gardaí to account much of the time. As the previous Deputy said, the impartiality element must be raised given that, as I understand, there are serving gardaí in the Garda Síochána Ombudsman Commission. I notice the Minister shaking his head.

On the previous occasion, I highlighted that some of the serious complaints are being sent back to the Garda for investigation, in some cases the Garda Síochána Ombudsman Commission supervises the Garda investigation and some cases it does not. I asked the Minister the number of cases that resulted in disciplinary processes against individual members by An Garda Síochána. He told me he did not have the information to hand but would get it to me. That was two months ago.

Alan Shatter (Dublin South, Fine Gael)
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There are not serving members of the Garda operating within the Garda Síochána Ombudsman Commission's office because the ombudsman commission is a separate and independent entity with separate and independent investigators.

The Deputy is correct in one matter. It is open to the Garda Síochána Ombudsman Commission when certain complaints are made and they are deemed to be of a not very serious nature - albeit any complaint is serious for the person who makes it - to effectively ask the Garda Síochána to have it investigated by a member of the force unconnected with the member against whom the complaint is made. That is the architecture of the legislation. Some people voice concerns about that.

The reality is that if the ombudsman commission, through its own staff, was to conduct every investigation, its personnel resources would probably need to be tripled. When the Garda Síochána Ombudsman Commission asks that a complaint be directed back to the Garda Síochána for its investigation under the supervision of the ombudsman commission and that a report be made to the ombudsman commission on outcome, it is important that those investigations are conducted and concluded within a reasonable timeframe. I have a concern that on occasions the timeframe is far too long.

I assure the Deputy that the report on the Garda Síochána Ombudsman Commission for 2012, which I only received in recent days and resulted in me instantly wanting to meet members of the ombudsman commission, will be taken to Cabinet by me. I believe it will be taken to Cabinet on Tuesday - I do not want to mislead the House and it is possible it will not be on the agenda until the following Tuesday. Immediately thereafter it will be laid before both Houses and if Members want a debate on the report, we can have one. More traditionally if there is a debate, it takes place in the Oireachtas Joint Committee on Justice, Defence and Equality, but of course all Members can attend that sort of debate.

I have received the report on the penalty points issue. When it is published, I do not believe the Deputy will find it is a fantasy fairytale. There are issues relating to the Data Protection Act that are being addressed by the Attorney General. I am anxious that it be published and that we have the maximum transparency. However, I must comply with issues that arise under the Data Protection Act. They are being addressed between my Department and the Office of the Attorney General. I had hoped to have been in a position to publish the report by now - I must take it to Cabinet first. As soon as those issues have been addressed and resolved, I assure the Deputies the report will be published.