Niall Collins (Limerick, Fianna Fail)
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109. To ask the Minister for Justice and Equality if she will provide an update on the operation of the witness protection programme; if operational concerns have been raised with her; her plans to review the programme; and if she will make a statement on the matter. [19576/15]

Niall Collins (Limerick, Fianna Fail)
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I am tabling this next question on the State witness protection programme because I have been speaking to two people who are former participants of the scheme and some of what they told me I find concerning. I am asking the Minister if she can provide us with an update on the operation of the State witness protection programme; if any concerns have been raised with her; and if she has any proposals on the future of the scheme.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Garda Síochána has operated a witness security programme since 1997 to respond to attempts by criminal and other groups to prevent the normal functioning of the criminal justice system, including threats of violence and systematic intimidation of witnesses. Given the highly confidential nature of the programme and the need to maintain the protection of persons who receive support, it has been the policy of successive Ministers for Justice, for obvious reasons, not to set out the procedures of its operation in detail and certainly not to go into the details of specific cases. I can say that the programme has been and is used in a significant number of cases and has proven its value in helping to secure the conviction of very serious criminals while at the same time protecting individuals who have assisted in securing those convictions.

For the Deputy's information, admission to the programme is considered by a high level group that comprises senior gardaí and a representative from the Office of the Director of Public Prosecutions and it assesses the range of legal, security and other issues. The operation of the programme is kept under constant review.

In particular, the question of how to provide a statutory framework of guidelines for the programme is under consideration by my Department. The Deputy will appreciate that trying to strike an effective balance between an appropriate legislative framework while maintaining the necessary confidentiality and flexibility in the operation of the programme is a complex matter. Some issues relating to persons who have received support under the programme are among those being considered under the mechanism for the independent review which we discussed earlier. I should make it clear, however, that persons who have concerns about their personal safety should bring those concerns directly to the Garda Síochána and that the security measures that should be put in place for an individual is an ongoing operational decision for the Garda Síochána.

Niall Collins (Limerick, Fianna Fail)
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As I said to the Minister, a number of people, at least two, Dave Mooney and Joey O'Callaghan, contacted me and gave me their permission. Both of them have told me they do not have criminal backgrounds or history and participated in the scheme for the right reasons, to give evidence to convict people who were involved in criminality. Their central argument is that what they say was agreed with the witness protection programme but the support offered to them after they had fulfilled their side of the agreement was not upheld by the State. Unfortunately, they have had to engage with GSOC and their solicitor, Kieran Kelly, and I find much of what they told me disturbing.

Joey O'Callaghan sought a meeting with the Minister and it is a matter for her whether she can meet him. At the very least, would the Minister consider asking the Garda Inspectorate to carry out a review of the witness protection programme to see how it is operating? In the Minister's reply, she has told us it was operating at a high level within the Garda Síochána. In a reply to a parliamentary question, the Minister told me the witness protection programme costs approximately €700,000 per annum. Could the Comptroller and Auditor General undertake a value for money review to see where the spend is going? Some of what these people have told me about how moneys have been spent should ring alarm bells within the Minister's Department.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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If the Deputy has any particular information he would like to forward to my Department, he should do so. It is not appropriate for me to go into the details of individual situations in the Dáil. Any intimidation of witnesses is an offence under section 41 of the Act, which specifies the offence as harming, threatening or menacing or in any other way intimidating or putting in fear another person who is assisting in the investigation of an offence by the Garda Síochána with the intention of causing the investigation or course of justice to be obstructed, perverted or interfered with. It is punishable by imprisonment of up to ten years.

As I said, it is a very sensitive area and is under review by my Department and, in the first instance, this is how it should be handled. Given the small size of the State and the population and the closeness of communities here, the operation of the witness protection arrangements presents particular challenges. Striking the right balance between the appropriate legislative framework and maintaining the absolute confidentiality and flexibility in its operation is a key concern. In the first instance, it is most appropriate to continue the review within the Department and then, perhaps, other possibilities such as the Deputy suggested could continue at that point.

Niall Collins (Limerick, Fianna Fail)
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We have received different reports about different activities of the Garda Síochána and reviews carried out by the Garda Inspectorate. They have been greatly welcomed by every Member in this House and beyond. They have given some very insightful advice on how systems can be improved in terms of giving a better service to the people. I urge the Minister to take seriously my suggestion about the Garda Inspectorate and the two individuals to whom I referred. It would go a long way towards informing the Garda Inspectorate if it met with them or their legal representatives to hear their experiences of participating in the witness protection programme.