Mick Wallace (Wexford, Independent)
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3. To ask the Minister for Justice and Equality the steps taken to address the issues raised in the section 80(5) GSOC report regarding Garda collusion with an international drug trafficker; if the gardaí involved remain serving gardaí; if the terms of reference of Mr. Justice Cooke's paper review will allow for any consideration of possible involvement of those gardaí in any authorised or unauthorised covert surveillance of GSOC; and if he will make a statement on the matter. [9780/14]

Mick Wallace (Wexford, Independent)
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Given that GSOC confirmed to the committee and Kieran FitzGerald confirmed on "Prime Time" that the sweep for covert surveillance arose at a time of heightened risk, which they linked to the investigation of the Kieran Boylan case, the proposed paper review by Mr. Justice Cooke must be permitted to examine any possible connection arising with any garda connected to the Kieran Boylan issue, to include being supplied with the 600 page file that the GSOC forwarded to the Director of Public Prosecutions, DPP, along with the DPP's file relating to the decision not to prosecute. In addition to the confirmations sought in the question, can the Minister confirm that these materials will be made available to Mr. Justice Cooke?

Alan Shatter (Dublin South, Fine Gael)
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The report from the Garda Síochána Ombudsman Commission referred to by the Deputy contains a series of recommendations related to informant handling procedures within An Garda Síochána, oversight of those procedures and intelligence handling and information exchange between GSOC and An Garda Síochána. At the time, I sought the observations of the Garda Commissioner on the report and its recommendations. The Garda Commissioner in his reply pointed out the many changes which have been made to Garda handling of these matters in recent years, including the putting in place of a code of practice for the management of covert human intelligence sources. As such, many of the recommendations made by GSOC were already incorporated into Garda procedures, including improved training for gardaí, the development of an electronic system for maintaining records, placing emphasis on the necessity for gardaí to comply with professional standards, strict procedures for handling and disseminating intelligence as well as co-ordination between specialist units and robust internal auditing.

The Commissioner also emphasised that informants are clearly instructed that they may not commit crimes or act as agents provocateurs. Although it is not referred to in the GSOC report, I emphasise that there has been, since 2010, an independent, external oversight mechanism in place to ensure compliance with the code of practice of An Garda Síochána for the management and use of covert human intelligence sources. The current holder of this appointment is Mr. Justice Thomas Smyth, a former judge of the High Court. In addition to monitoring compliance with the code of practice, Mr. Justice Smyth’s remit requires him to communicate any matters he considers appropriate, including recommendations, to the Commissioner of An Garda Síochána and to report to the Minister for Justice and Equality annually on the discharge of his functions.

More generally, as I have previously advised this House, revised protocols were agreed and signed by the chairperson of GSOC and the Garda Commissioner on 23 September 2013 to ensure the highest possible level of co-operation between the two organisations. The revised protocols put in place clear procedures for the timely sharing of information, including sensitive information, and more generally for enhanced co-operation. The House will also be aware of the recent agreement of the Garda Commissioner to enhance these protocols to enable GSOC to have full access to PULSE.

Additional information not given on the floor of the House

I have no information on the sensitive operational question of the identify of members of An Garda Síochána who are, or have been, involved in informant handling or whether they are still serving.

Mick Wallace (Wexford, Independent)
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The Minister has more faith in the system than GSOC has shown. Given the decision of the DPP not to prosecute, I assume the Minister has sought and received briefings from the Garda Commissioner on whether the relevant senior gardaí have been disciplined, demoted or whether they remain serving in the Garda Síochána. I would be obliged if the Minister will update the House in detail in this regard. Can the Minister confirm that, in addition to the members of the Garda Síochána, the Commissioner and resigned or retired Garda will co-operate with and submit to Mr. Justice Cooke in respect of any possible involvement, despite the fact that the Commissioner and retired or resigned gardaí do not come within the GSOC section 102 review, in respect of which Part 1 of the terms of reference is focused? Does the Minister believe resigned or retired gardaí connected with the Boylan investigation come within the remit of the paper review of Mr. Justice Cooke?

Alan Shatter (Dublin South, Fine Gael)
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In the context of the GSOC issue, a committee was also established, chaired by a senior official of my Department, with senior representatives from GSOC and the Garda Síochána, to act as a forum where any future emerging issues concerning the protocols can be identified and appropriately addressed.

The Government has appointed retired High Court judge, Mr. Justice John Cooke, to conduct an independent Inquiry into the reports of unlawful surveillance of GSOC. The terms of reference for the inquiry were agreed by the Government, on the advice of the Attorney General. They are available on the website of the Department of the Taoiseach. Mr. Justice Cooke has been asked to report on these matters within eight weeks or as soon as may be thereafter.

I expect there will be full co-operation from the Garda Síochána with the work being undertaken by Mr. Justice Cooke. The terms of reference facilitate that he may engage in any manner he deems appropriate with regard to reviewing these issues. It is for Mr. Justice Cooke to determine how to best proceed with the very important work he has been asked to undertake. It is not appropriate that I, as Minister for Justice and Equality, to comment further. The approach to be taken by him will be governed by the terms of reference.

Mick Wallace (Wexford, Independent)
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The Minister has not told us whether Mr. Justice Cooke will have the power to examine the Commissioner and retired gardaí. GSOC reached damning conclusions in this section 80(5) report despite assurances in 2012 from Commissioner Martin Callinan that it was his belief members of the Garda Síochána were co-operating with GSOC. Even on the publication by GSOC of this section 85 Boylan report, Commissioner Callinan reiterated his belief that gardaí had co-operated with the GSOC investigation. This obstinance and internal logic is central to the blue wall of silence and the resolute refusal to submit to outside accountability within the Garda Síochána, along with a resolute resistance to admitting that any cultural change within the Garda Síochána is even necessary, much less committing to implementing a programme of reform.

The reaction of the Garda Commissioner to external criticism is not unusual. He similarly publicly rejected the criticisms of Mr. Justice Smithwick and the Smithwick tribunal report that the Garda Síochána valued loyalty to the force over truth and honesty. The response of the Commissioner was that he simply did not accept the judge's findings. How in God's name can the Minister stand over keeping the Commissioner in place?

Alan Shatter (Dublin South, Fine Gael)
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It is important we respect the independence of GSOC. I took with great seriousness the report published by GSOC. Some of the issues raised had been dealt with and addressed, while others have not. GSOC is independent and in the context of issues that remain to be addressed we have put in place systems to ensure they are addressed. It is of the utmost importance that the Garda Síochána fully co-operates with GSOC and it is of the utmost importance that GSOC carries out its independent functions fully and freely and reaches conclusions on allegations received by it. The report on the Boylan matter published by GSOC illustrated issues of seriousness and the manner in which GSOC approached that work should have copper-fastened in everyone's mind the fact that it does its work independently. On one hand, Deputy Wallace seems to be supportive of the work GSOC does yet, on the other hand, he criticises the work it does. I cannot recall if it was Deputy Wallace or one of his colleague sitting beside him who made allegations yesterday that GSOC was not fit for the job it does. Something of that nature was said.

Clare Daly (Dublin North, Socialist Party)
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That was the Minister.

Mick Wallace (Wexford, Independent)
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GSOC would be well fit for it if the Minister gave it powers.

Alan Shatter (Dublin South, Fine Gael)
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The Boylan report and related issues are of great importance and there should be full co-operation between GSOC and the Garda Síochána.

Mick Wallace (Wexford, Independent)
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That is not what GSOC said.