Niall Collins (Limerick, Fianna Fail)
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68. To ask the Minister for Justice and Equality if she will provide an update on the progress made on the implementation of the recommendations as suggested in the review of the action taken by An Garda Síochána pertaining to certain allegations made by Sergeant Maurice McCabe by Seán Guerin, SC; and if she will make a statement on the matter. [26910/14]

Niall Collins (Limerick, Fianna Fail)
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I am seeking an update on the progress made in the implementation of the recommendations made in the Guerin report. We have a good understanding of the primary conclusion made in the report, having discussed it in the House, namely, that Sergeant Maurice McCabe was completely vindicated. We are awaiting the terms of reference of the forthcoming commission of investigation. There were a number of other recommendations made in the report, while a number of specific actions were flagged. I ask the Minister to update us on the issue.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy said, we have had an opportunity to discuss the Guerin report in the House and consider some of the wide range of issues addressed. These issues are complex and deep-rooted, ranging from high level issues such as oversight, change management and the role of whistleblowers to local administration and internal communication, as well as matters of basic policing, performance and human resources.

I have been reviewing the conclusions and recommendations made in the report. The Government agreed to a set of measures in response to the report. We are establishing a further commission of investigation as recommended in it. This will be an independent inquiry headed by a senior judge. On foot of the publication two weeks ago of the Cooke report, the Government will now proceed to finalise the terms of reference of the commission which will generally be in line with those recommend by Mr. Guerin in his report. He made a number of recommendations, particularly with regard to the cases that merited further inquiry. I intend to put a resolution to the House to establish the commission during this Dáil term.

I have already stated in the House that I have asked for an independent expert review of the performance, management and administration of the Department of Justice and Equality. The review group, chaired by Mr. Kevin Toland, began this work in recent weeks and I look forward to receiving its report in July. The Garda Inspectorate has been asked to carry out a comprehensive inquiry into Garda management and the wide range of operational issues addressed by Mr. Guerin following his examination of various cases.

Amendments have been made to the Protected Disclosures Bill to enable GSOC to be prescribed under the Bill as a body to which Garda whistleblowers may report concerns. New legislation will be introduced shortly to strengthen GSOC. The comprehensive programme of initiatives and reforms I have outlined deal with many of the recommendations made in the Guerin report.

Niall Collins (Limerick, Fianna Fail)
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There were numerous operational and procedural matters identified by Mr. Guerin in his report, including the fact that, in some cases, the procedure for taking statements resulted in the withdrawal of complaints of a criminal nature. In the context of disciplinary proceedings being taken against a probationary garda, he recommended that a report be prepared on the adequacy of the supervision of the said probationary garda. He also referred to the need for procedures to be put in place to ensure CCTV footage was obtained by investigating gardaí. He further recommended a review of the operation of the PULSE system. He recommended reform of the application of station bail and, in particular, section 2A of the Bail Act. The report made particular reference to the need for direction and guidance to be provided for members of An Garda Síochána on victim impact statements. The Minister has said the Garda Inspectorate has a job of work to do in this context and that she is awaiting the outcome of its investigations.

Does she intend to undertake a review of the bail legislation separate to that which is being carried out by the Garda Inspectorate? Has she considered reviewing the code of conduct for the Garda Síochána in the context of how members of the force behave? In so far as is currently possible and in view of the fact that she is new to the role, is the Minister satisfied that if a whistleblower similar to Sergeant Maurice McCabe were to emerge, he or she would be dealt with properly? Is she satisfied that proper and adequate procedures have been put in place to facilitate such a whistleblower?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy asked a large number of questions.

Niall Collins (Limerick, Fianna Fail)
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Yes.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I do not believe the interim Garda Commissioner is obliged to wait until the commission of investigation has completed its work before initiating changes in response to the Guerin report and in respect of some of the issues the Deputy has identified. I have been assured that work is under way regarding this matter. Changes are currently being made - and others will be made in the future - in respect of various recommendations in the Guerin report.

The Deputy also inquired about legislative change. The Guerin report makes a number of points about matters in respect of which legislative change should be considered. I will certainly analyse those but I am not in a position to comment on them at present.

It will be possible for Garda whistleblowers to report under the terms of the Protected Disclosures Bill, which was recently passed by the House. One can never be absolutely sure with regard to the question the Deputy asked in the context of how organisations deal with whistleblowers. There has been enormous focus on this issue and there is a new awareness about it. As a country we are learning more about it. It is obvious that mistakes have been made. The Garda must make it clear that whistleblowers will be dealt with in an appropriate manner and that suitable systems will be put in place to facilitate this. As the Deputy and I are aware, a number of issues arose recently in the context of Sergeant McCabe's return to work. The interim Garda Commissioner returned to the relevant Oireachtas committee and provided it with further information designed to address concerns about the issues in question. I am of the view that there is a new approach to whistleblowers within the force, but it is clear that the position in this regard with have to be monitored on an ongoing basis by the Garda authorities and me.

Michael Kitt (Galway East, Fianna Fail)
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I ask Deputies to be aware of the clocks throughout the Chamber which show how much time they have for contributions.

Niall Collins (Limerick, Fianna Fail)
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Will the Minister indicate whether she has any thoughts regarding the code of conduct relating to the Garda Síochána? Is the Minister in a position to indicate the timeline in respect of the publication of the terms of reference of the forthcoming commission of investigation and the likely establishment date for that body? How long will it be before the commission produces both an interim and a final report?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The terms of reference must be discussed by Cabinet. The potential timeframe involved will be dependent on the completion of the terms of reference and discussions with the person appointed to chair the commission. The commission will be obliged to carry out a great deal of work. The first action we must take is to draw up the terms of reference. I hope to bring the latter to the Dáil before the end of the current session and that the commission will be in a position to begin its work shortly thereafter.

The best way to approach take with regard to the code of conduct is to await and take cognisance of the response of the Garda Inspectorate to the matters that emerged in respect of gardaí in the Guerin report.

No doubt that is part of what the inspectorate is examining. Its report should be available to me later this year.