Mick Wallace (Wexford, Independent)
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5. To ask the Minister for Justice and Equality the position regarding the establishment and date of commencement of the Guerin Commission of Investigation along with copy order and details regarding pricing and staffing appointments and relevant responsible Departments; the reason for their particular terms of reference and their publication on 19 December 2014 which was not a sitting day of Dáil Éireann; and the reason independent review mechanism cases have not been included but confined to a parallel legal process. [1553/15]

Mick Wallace (Wexford, Independent)
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I ask the Minister to outline the details of the Guerin commission of investigation and explain the reason she provided it with such parochial terms of reference. The investigation will focus on the Cavan-Monaghan division. Given that the Garda Inspectorate report was the result of an investigation into serious crime, surely a root and branch review would have provided a template for reform of the entire force.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I established a commission of investigation on foot of the recommendations of the Guerin report. I laid before the House a draft of the order, which includes the terms of reference, proposing the establishment of the commission. I also laid before the House a statement of the reasons for establishing the commission. All of the matters recommended by Mr. Seán Guerin SC for inclusion in a commission of investigation are included in the terms of reference. The draft order specifies me, as the Minister for Justice and Equality, as the Minister responsible for overseeing the administrative matters relating to the establishment of the commission.

It is important to note that a resolution approving the draft order must be passed by each House. As such, the terms of reference will shortly come before the House for discussion and approval, possibly as early as next week. This will provide Deputies with an opportunity to discuss the terms of reference and work of the Guerin commission.

An estimate of the costs, including legal costs, to be incurred by the commission in conducting the investigation and preparing its reports, and the timeframe for the submission of the commission's final report, will be published in Iris Oifigiúil, as per normal procedure, as soon as possible after the terms of reference are set in accordance with the legislation. This will occur when the resolution has been passed by both Houses.

Deputy Wallace refers to the independent review by a panel of counsel of a wide range of cases, some of which deal directly with An Garda Síochána, while others extend to other aspects of the criminal justice system. As I have previously outlined the position in this regard, I do not propose to discuss the matter in detail at this point. As I indicated, there are a number of possible options for further investigation which I will consider when I have received recommendations on all of the relevant cases.

The Guerin commission examined a particular set of circumstances. When I decided to establish a commission of investigation I also took the initiative to refer the Guerin report to the Garda Inspectorate. The inspectorate's recent report included a chapter on the Guerin report which addressed many of the issues raised by Mr. Guerin. The inspectorate's report is to be implemented by me and An Garda Síochána and will not be the subject of a further commission.

Mick Wallace (Wexford, Independent)
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On that issue, it was disappointing that the new Garda Commissioner did not welcome all the points raised in the Garda Inspectorate's report. She denied, for example, that crime figures were being massaged, which is completely at variance with the conclusions of the inspectorate's report.

I raised a point regarding the parochial nature of the terms of reference of the Guerin review. The Minister is correct that Mr. Guerin's investigation was confined to the Cavan-Monaghan area. Little progress has been made since the introduction by the then Minister, Mr. Michael McDowell, of the Garda Síochána Act 2005 in response to a case in County Donegal. The 2005 legislation was clearly not the answer to all of our problems. We know from what has occurred in recent years that serious problems persist in the Garda. We are receiving information from three new Garda whistleblowers and it is frightening to note what continues to take place. The things going on in the midlands, Cork and Limerick are every bit as bad, if not worse, than what went on in Cavan-Monaghan. The Minister has an opportunity to carry out a complete root and branch of the Garda and how it operates. A failure to introduce root and branch reform will result in sticking plasters being used to tackle serious problems.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy stated, a considerable amount of analysis has been done at this stage. It is important to act now to bring about change and the Government has taken action to address the issues the Deputy outlined. A commission of investigation was established on foot of the Guerin report and will be led by Mr. Justice Kevin O'Higgins. We have also established the Fennelly commission, which is examining aspects of the behaviour of members of An Garda Síochána. These commissions will provide further information. It is very important that we also get on with introducing change and reform. We have established an independent police authority and appointed a Garda Commissioner through a new and independent process. We are amending the legislation governing the Garda Síochána Ombudsman Commission to give it greater powers to initiate investigations. I hope Second Stage of that Bill will conclude next week. The new Garda Commissioner is committed to change in the force.

The concerns have been well analysed, including in the Garda Inspectorate's report. The Deputy is correct that serious issues arise and the inspectorate's report is clear on that matter. A series of actions are being taken to address these issues. This process cannot be completed overnight but many processes are in place that are making a difference in respect of the points the Deputy outlined.

Mick Wallace (Wexford, Independent)
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On that-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We must move on to the next question. Deputy Wallace has asked two supplementary questions.

Mick Wallace (Wexford, Independent)
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I spoke only once in response to the Minister.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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My apologies, I am blinded by the clock. We have exceeded the time for Priority Questions by almost ten minutes, which is unfair to other Deputies waiting to speak.

Mick Wallace (Wexford, Independent)
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I wish I could share the Minister's optimism that things will be different. To cite one example, on the watch of the Garda Commissioner, Ms Nóirín O'Sullivan, an assistant Garda Commissioner, Mr. Donal Ó Cualáin, is examining certain serious allegations made by serving Garda whistleblowers. The investigation, which has been ongoing for nine months, does not appear to be making any progress and no reports have been forthcoming. The handling of this matter is extremely worrying. I am not so sure things have changed much. As I have stated previously, we should have examined the approach taken to policing in Northern Ireland where an active effort was made to clean out the old hierarchy and start afresh. This has not been done here.

On the independent review mechanism, the Minister went to great pains in her previous replies to refer to the independence and objectivity of the mechanism. We must remember that the various positions were not advertised, the review's terms of reference were not published, the individuals who made the complaints have not been interviewed and have not received feedback and the mechanism does not have judicial status and, as such, is not subject to an appeal mechanism. As far as the individuals in question are concerned, it is akin to a kangaroo court. While I do not want to prejudge the final outcome, the way in which this matter has been handled is worrying.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I believe the range of initiatives we have taken will make a difference and begin to address many of the issues to which the Deputy refers. To go back to the case in County Donegal and a number of other reports, various actions have been taken to deal with the issues the Deputy outlined. I also believe the Garda Commissioner is committed to dealing with the points the Deputy makes. While I cannot comment on the individual case he raises, whistleblowers in the force must be treated with respect and their complaints addressed. I believe mechanisms are in place to do this and I want it to happen.

I do not accept the Deputy's description of the review mechanism, which was established by the Government in good faith as an independent process and with terms of reference for dealing with the cases that were being referred to it. Senior and junior counsel have been appointed to examine these cases and provide the best legal opinion possible, having regard to the facts and previous actions that were taken in the cases in question.

We have a number of commissions sitting at present, and comprehensive work has been done in this area by the Garda Inspectorate over a three-year period. I do not believe we need another assessment of an Garda Síochána. Rather, we need to get on with changing the culture as outlined in the Garda Inspectorate report by way of implementation of the changes recommended therein, including addressing the technology issues, which are very basic. That is what we are doing.