Mick Wallace (Wexford, Independent)
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68. To ask the Minister for Justice and Equality if he will reconsider the refusal of his predecessors to order a wider investigation under section 106 of An Garda Síochána Act into the general practices, policies and procedures of An Garda Síochána in relation to Corrib Gas, in view of the recent serious allegations regarding the delivery of alcohol to gardaí; if he has concerns regarding the long history and high incidence of complaints to the Garda Síochána Ombudsman Commission in this area; and if he will make a statement on the matter. [52900/13]

Mick Wallace (Wexford, Independent)
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In 2008 the Morris tribunal completed its work cataloguing corruption, systemic failures in senior Garda management and working practices and the failure of accountability systems. The Garda Síochána Act 2005 was presented as the answer to many of these problems but instead the force has been over-centralised and politicised since then. The Morris tribunal did not just identify malpractice and corruption on the part of individuals but also stressed that the problems were institutional. Will the Minister consider being proactive and order a Garda Síochána Ombudsman Commission investigation under section 106?

Alan Shatter (Dublin South, Fine Gael)
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I am looking forward to the day when Deputy Wallace tells the House what work of the Garda Síochána he supports. It would be an interesting revelation.

Mick Wallace (Wexford, Independent)
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Will I tell him now?

Michael Kitt (Galway East, Fianna Fail)
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Silence, please.

Alan Shatter (Dublin South, Fine Gael)
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Significant protest activity over a number of years has occurred in the north Mayo area connected with the development of a very important natural resource. This has necessitated the temporary redeployment of large numbers of gardaí, including specially trained personnel, from throughout the western region into the Belmullet district. It is deeply regrettable that so much Garda resources have had to be tied up at the north Mayo site. However, this is absolutely necessary in view of the actions of some of the protestors, many of whom, as I have said previously in respect of the matter, are not from the area and who have engaged in acts of public disorder as well as damage to property. Such action cannot be tolerated and the Garda presence is there to prevent it. In that regard, from 2011 to 2013, 38 defendants were brought before the courts for public order offences, criminal damage and assault on gardaí.

The Garda Síochána has in the past been wrongly accused of facilitating the interests of a multinational company over the interests and safety concerns of local residents. In response to these allegations it has been consistently stated by the Garda Commissioner that the aim of the policing measures currently in place is to prevent public order offences and to ensure that people can go about their lawful business. I support this policy. An Garda Síochána is duty-bound to uphold the rule of law without fear or favour and that is what local Garda management will continue to do in what is a difficult and confrontational setting which is not of the Garda Síochána's making.

I wish to inform the Deputy that the total cost of policing this issue has now reached in excess of €16 million. This does not include the significant cost of the basic salaries of the members who have performed duties at the Corrib gas project, as these arise in the normal course of their duty. This expenditure comes at a time of economic difficulty for the State and when such resources could be put to far better use elsewhere.

Additional information not given on the floor of the House

With regard to the specific allegations concerning the supply of alcohol, I am informed by the Garda authorities that on 19 September the allegations were referred by An Garda Síochána to the Garda Síochána Ombudsman Commission under section 85(1) of the Garda Síochána Act 2005. The Deputy will be aware that the Garda Síochána Ombudsman Commission is an independent statutory body. In these circumstances it is currently a matter for the Garda Síochána Ombudsman Commission to carry out its investigation and to arrive at a conclusion. The House will appreciate that I am not in a position to comment further on that matter.

On the issue of a request to the Garda Síochána Ombudsman Commission under section 106 of the Garda Síochána Act 2005, while the Garda role in the Corrib dispute has given rise to a number of complaints being made to the GSOC, it should be borne in mind that the majority of these were either found to be inadmissible or did not disclose wrongdoing on the part of the members of the force against whom complaints were made. Those complaints found to have disclosed breaches of discipline relate to matters which would not come within the remit of an examination under section 106 of the 2005 Act, that is, the practices, policies or procedures of An Garda Síochána. In the current circumstances, I do not believe an examination under section 106 of the Garda Síochána Act 2005 is warranted.

Mick Wallace (Wexford, Independent)
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I do not suppose the Minister's sums include the cost of the alcohol supplied.

There has been a high incidence of complaints in this area. A total of 111 complaints were made in 2007 to 2008 but no charges have been brought.

It is clear there is a systemic problem in terms of Garda policy and procedure. The section 98 investigation will not address that but a section 106 investigation would, and I am disappointed the Minister would not consider introducing it. We can also see this defensive approach of the gardaí, the blue wall of silence and the Garda entrenched in automatic opposition to any kind of transparency in the refusal of the Minister's friend, the Commissioner, to provide files in the Ian Bailey civil case against the State for wrongful arrest, and also in the Commissioner's direction to the Data Protection Commissioner to seize the files in the possession of the Committee of Public Accounts relating to the cancellation of fixed charge notices. However, it is within the remit of the Minister to check that tendency and to hold the Garda to account. Sadly, his track record to date has been weak and bordering on cowardly. Ordering a section 106 investigation into issues surrounding the Corrib gas project would go some way to redressing that imbalance.

Alan Shatter (Dublin South, Fine Gael)
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The Deputy still has not told us if he can identify a single action of benefit that An Garda Síochána do in the public interest.

Regarding the specific allegations concerning the supply of alcohol, I am informed by the Garda authorities that on 19 September the allegations were referred by An Garda Síochána to the Garda Síochána Ombudsman Commission, GSOC, under section 85(1) of the Garda Síochána Act 2005. The Deputy will be aware that the Garda Síochána Ombudsman Commission is an independent statutory body and in these circumstances it is a matter for the ombudsman commission to carry out its investigation and arrive at a conclusion. The House will appreciate that I am not in a position, therefore, to comment further on that matter.

On the issue of a request to the Garda Síochána Ombudsman Commission under section 106 of the Garda Síochána Act 2005, while the Garda role in the Corrib dispute has given rise to a number of complaints being made to GSOC, it should be borne in mind that the majority of these were either found to be inadmissible or not to disclose wrongdoing on the part of the members of the force complained about. Those complaints found to have disclosed breaches of discipline relate to matters which would not come within the remit of an examination under section 106 of the 2005 Act, that is, on the practices, policies and procedures of An Garda Síochána. In the current circumstances I do not believe an examination under section 106 of the Garda Síochána Act 2005 is warranted.

In response to the Deputy I want to be clear that I expect members of An Garda Síochána to behave appropriately and to do their duty without fear or favour. Where there are issues that need to be dealt with, they will be addressed, but, unlike the Deputy, I do not labour under the illusion that the gardaí as a group do no public good, that the gardaí as a group should be under continuous attack in this House and that no recognition of any description should ever be given to them for the substantially important work they do in combating subversion on this island, dealing with criminal gangs, reducing the level of crime, providing protection for communities, giving advice with regard to crime prevention and engaging in crime investigation.

Mick Wallace (Wexford, Independent)
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I believe the majority of gardaí do a very good job but, sadly, a section 98 investigation will scapegoat a couple of individuals whereas a section 106 investigation will tackle the underlying problems. A section 98 investigation will more than likely blame individual gardaí for decisions made by a higher authority. First, does the Minister honestly believe it is satisfactory that GSOC's hands are tied unless the Minister consents to an investigation under section 106, a deficit that was criticised by the United Nations Special Rapporteur, Margaret Sekaggya, in her report in March last year. That is yet another example of the lack of independence of GSOC and the weakness in the current legislative structure of Garda oversight and monitoring. Second, can the Minister confirm he will implement legislative changes as recommended by the UN Special Rapporteur, Margaret Sekaggya, to amend section 106 of the Act?

Does the Minister not believe that gardaí will also get due process and fair procedures in the section 106 investigation and that under a section 106 investigation individual gardaí would not run the risk of being scapegoated for only implementing a policy decided at a much senior level? It is not the rank and file gardaí that are causing the problems; it is the people giving them the orders.

Alan Shatter (Dublin South, Fine Gael)
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The role of the gardaí with regard to Corrib is to preserve law and order. The role of the gardaí is to facilitate a lawful engagement in the development of that resource and its utilisation.

The role of the protestors is to disrupt and sabotage and the gardaí have a very specific role.

Mick Wallace (Wexford, Independent)
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I disagree completely.

Alan Shatter (Dublin South, Fine Gael)
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Some of the protestors who visit are tourist protestors. They turn up in the summer when the weather is good and then they disappear again. I regard it as a scandal that €16 million of taxpayers' money has been utilised to maintain law and order so that people can engage in lawful business engagement in that location. It is a waste of public money and Garda resources.

Does Deputy Wallace think it is appropriate that, to maintain law and order, it has been necessary to spend €16 million in the context of providing security in that area-----

Mick Wallace (Wexford, Independent)
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I do not think the State should have spent €16 million defending Shell.

Alan Shatter (Dublin South, Fine Gael)
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-----in respect of individuals who seek to prevent bringing in an important natural resource to the detriment of the economy of this country and of that region and who are intent on trying to sabotage jobs that are available to people in the local community?

Mick Wallace (Wexford, Independent)
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We were there a few weeks ago and met a lot of decent people.