Clare Daly (Dublin North, United Left)
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I am very happy to be able to discuss this issue, although happy is probably the wrong word because I genuinely believe that we are now at crisis point in terms of the functioning or rather the lack of functioning of GSOC. I have come to the conclusion that the departure of Simon O'Brien will represent a turning point in that organisation. A year ago knowledge of GSOC and its role was growing in the public domain but under the new regulations, gardaí going to GSOC with serious concerns about Garda malpractice, incompetence and failure to investigate crime properly are not being dealt with effectively. I wish to put a few examples on the record.

My colleague, Deputy Wallace, has mentioned on a number of occasions the very shabby treatment of garda whistleblowers by GSOC. More than a year ago Garda Keith Harrison's case was referred to the new Garda Commissioner, Nóirín O'Sullivan and sent on to GSOC last summer. In September Garda Harrison met Simon O'Brien, the leading commissioner in GSOC, for four hours in Galway. He was told that the matter he raised was serious and that the commissioner would revert to him on it. He reverted back to him in the first week of November and told him that it would be investigated by GSOC and that two senior investigators had been appointed. That was in November of last year. Up until April this serving garda heard absolutely nothing. The issue was raised by Deputy Wallace in the Dáil and subsequent to that Garda Harrison contacted GSOC by telephone three times but heard nothing. He sent an e-mail, copying in myself and Deputy Wallace and then he got a phone call back on 20 April, almost a year from the time he made his original complaint. He received an apology and was told that there were new systems in place and that an investigation would be set up. He was told that someone had been appointed and would be in touch. He has heard absolutely nothing since. During that time, this serving Garda, who lives down a boreen in Donegal, 25 km away from the nearest Garda station had a patrol car at his house 20 times between January and May. He has also had his post opened. If he had been suspended from duty he would be on full pay. He has been out sick because of the stress of the situation and his pay has been reduced. If this is the manner in which GSOC is treating a garda whistleblower, how much worse must it be for members of the public?

There is a double standard in evidence in the contrast between the speedy investigation that was launched into GSOC at the behest of the GRA and AGSI into the tragic death of a garda in Donegal who had been investigated by GSOC and the lack of investigation into other cases. We have a real problem here. The consistent and unrelenting mantra from the GRA and the AGSI against GSOC is intolerable. We now have a Garda body and a Garda representative organisation constantly publicly undermining GSOC. The commission itself has lost the confidence of the general public. Whether it is that GSOC does not know what to do or that it has been set up to fail is, in some ways, neither here nor there. It is not functioning, gardaí are not being called to account and the public has lost confidence in An Garda Síochána and GSOC.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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GSOC was established as a statutory independent body under the Garda Síochána Act 2005 to provide independent oversight of complaints made against members of An Garda Síochána. It commenced operations on 9 May 2007, as Deputy Daly will be aware. The Garda Síochána Act stipulates that GSOC is independent in the exercise of its functions and I, as Minister, have no role in the processing of individual complaints which are referred for investigation. Indeed, it is this guarantee of independence, I would argue, which is the hallmark of effective oversight.

GSOC has an enormously important role to play in ensuring that public confidence in An Garda Síochána is safeguarded. The commission has extensive powers under the 2005 Act to enable it to carry out its responsibilities. It is important that we all respect the independence of bodies such as GSOC. It would be a travesty if, having established such bodies, this House was then to impinge on that independence. I have no doubt that all Members of the House would agree that it would not be appropriate for Deputies to second guess the commission regarding its investigations.

The House will be aware that there is a mechanism in the 2005 Act to inquire into the conduct of GSOC's designated officers. Arising out of the recent tragic death of Sergeant Michael Galvin, Mr. Justice Frank Clarke of the Supreme Court is carrying out such an inquiry. I will not comment further on that particular matter at this stage.

We recently enacted changes to the legislation to reform, strengthen and clarify the remit and operation of GSOC. This is a key element of our programme for Government. I do not know if Deputy Daly has read the annual report of GSOC which was published recently and laid before both Houses of the Oireachtas. The Deputy has made a lot of assumptions and allegations here today but it is very clear from the annual report that 2014 was a very busy and demanding year for GSOC. The commission received 11% more complaints and concluded 8% more cases in 2014 in comparison to 2013. These figures are a sign of greater operational efficiency, contrary to what Deputy Daly has said. It is quite clear from the annual report that GSOC is getting on with its work and is investigating complaints. The message coming from the report is generally positive about co-operation between An Garda Síochána and GSOC. Deputy Daly knows that An Garda Síochána, the Garda Commissioner and GSOC agreed protocols about the exchange of information between the two bodies and those protocols are being adhered to. The timeframes for introducing and giving information are now much shorter than in the past. The 2014 report acknowledges "marked improvements" in efficiency, dialogue and co-operation with An Garda Síochána which the commission hopes will continue in 2015.

The Government is currently seeking expressions of interest from suitably qualified persons for the post of Chairperson of GSOC.

The Government remains committed to implementing a programme of reform in the area of policing and justice, an issue in which I know that the Deputy has a deep interest. I will continue to be fully supportive of GSOC, as I have shown by the increase in funding and the recruitment of staff to carry out its investigations. All of that work is ongoing.

I replied on the two cases raised by Deputy Mick Wallace previously in the House. While it is not appropriate for me to go into individual details, I outlined the actions that were being taken in both cases. I do not know if Deputy Clare Daly is referring to one of these cases, but I clearly outlined in broad terms what was happening in both cases.

Clare Daly (Dublin North, United Left)
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The Minister, obviously, has no role in processing individual cases; she is not responsible for that matter. However, she is responsible for the lack of teeth in the GSOC organisation. We had a unique opportunity in the legislation that was before the House to give it real strength, but that opportunity was not taken. I put it to the Minister that she has allowed the Garda organisations to consistently seek to undermine to GSOC in public statements and utterances, for which they have not been called to account by any Government representative. In some ways, we were among the biggest defenders of GSOC for a period of time and still recognise that it is doing its best. However, it is still under-resourced and under-armed in terms of the lack of powers to really call the Garda to account. It has been given increased funding, but it is in part to cover the extra role that was formerly fulfilled by the confidential recipient. It is the receiver of complaints against gardaí. Gardaí who have gone to it have recounted to us experiences of having been treated shamefully. It is not fit for purpose.

The Minister sent me a letter earlier in the week regarding a query I had about the €59 million in taxpayers' money paid out in civil claims to members of the public because of Garda malpractice in a 13 year period up to last year. I had sought to establish how much of that money had been paid by the gardaí responsible for the malpractice, how many of them had been disciplined and how many had had their pensions taken from them. The answer the Minister had obtained for me was that the Garda Commissioner could not provide the information which was not available. The force is behaving in an improper manner if we cannot access legitimately requested information.

While the Minister points to new protocols and a better functioning GSOC, I do not see it. Deputy Mick Wallace dealt with my case. I have a case with GSOC which is two and a half years old. It is not exactly a rocket scientist's case, yet l have still not received an answer from GSOC to the complaint. Many of my constituents who have approached GSOC have also not received replies. That anecdotal and real evidence of real people's experiences has to be factored in to the debate. I reiterate that there is a serious problem which needs to be radically and independently addressed.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy has raised a number of elements of policing and GSOC's work. She has commented on the role of the representative organisations and their comments on GSOC. She has also commented on the effectiveness of GSOC and its resources and now introduced another comment on a different issue.

Extra resources have been given. Obviously, we are emerging from a very difficult economic situation. I previously indicated in the House that staff had been recruited recently for investigations. An additional €1 million has been allocated in order to do this. Clearly, it is a help in dealing in an efficient and effective way with complaints made to GSOC.

I reject what the Deputy said about the power of GSOC. The Government has done the opposite of what she said. We have given increased powers to GSOC in the 2015 Act. They are important extra powers that were requested by a number of people. For example, we have for the first time brought the Garda Commissioner within the scope of GSOC investigations and we allowed GSOC to carry out an examination of certain Garda practices and procedures on its own initiative. Previously, this could only have been done by the Minister. The Deputy is familiar with the legislation.

When speaking to the GRA or the AGSI or addressing any other public forum on policing, I have consistently said it is critical to have effective and efficient oversight of policing, to which I am absolutely committed. I have said repeatedly that I will strengthen and support GSOC to enable it to do its job efficiently. At every public forum attended by members of An Garda Síochána, I have said it is important to have proper oversight and full co-operation between the Garda and GSOC. That is the message I have consistently given. I do not expect the relationship between GSOC and An Garda Síochána by any means to be easy at all times or without tension. There should be tension because it is an oversight function, but I expect people to co-operate and work together. I am overseeing a complaints body that will be effective and efficient. As the economy improves we will provide more resources in order that it will continue to deal with these cases in as timely a manner as it can.