Mick Wallace (Wexford, Independent)
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105. To ask the Minister for Justice and Equality for an update on the investigations into serious allegations made by two serving Garda Síochána whistleblowers; and if she will make a statement on the matter. [35505/15]

Mick Wallace (Wexford, Independent)
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I ask the Minister for an update on the investigations into allegations made by two serving Garda whistleblowers. Is the Minister happy with the protected disclosures process? These two investigations have been ongoing for the past 18 months, at enormous personal cost to the two individuals involved.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I am assuming that the two whistleblowers the Deputy is referring to are the same cases raised in his parliamentary question in May. In the first instance, I again make the point that all of us in this House must be careful, and the Deputy has not mentioned individual names, in discussing individual cases of whistleblowing. Protection for whistleblowers rightly prioritises the confidentiality of the process, which is central to the efficacy of that process.

The Deputy is familiar with the confidential reporting process that was in place previously, which provided for the appointment of an independent confidential recipient. That confidential recipient was required to transmit each confidential report to the Garda Commissioner. Only where a confidential report contained an allegation which related to the Garda Commissioner was it transmitted to the Minister. In transmitting a report, the confidential recipient was obliged to protect the identity of the whistleblower, etc. I will not go into further detail on that.

This was replaced by the Protected Disclosures Act 2014, which came into operation on 15 July 2014 as part of our comprehensive response to enhance the protection available to whistleblowers. Under the Act, members of the Garda Síochána may now communicate their concerns to the Garda Commissioner, as their employer, or to GSOC as a prescribed body, and are entitled to the protections provided by the Act. I am satisfied that the legislative provisions now in place under the 2014 Act, including the protections afforded for whistleblowers, will prove to be an effective remedy for Garda members who wish to report their concerns regarding potential wrongdoing.

As I have previously advised the Deputy in regard to these particular cases, I have no function in regard to criminal investigations and the submission of files to the Director of Public Prosecutions, or in regard to the investigation of complaints by GSOC. Those are independent processes that go on.

Mick Wallace (Wexford, Independent)
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I find it hard to credit that the Minister is happy with this process because the two individuals concerned are very unhappy. In terms of one of them, the initial internal investigation was corrupted by a leaking of information to one of the people the allegations were made against. Subsequently, as the Minister is aware, the same Assistant Commissioner was involved with the other garda. It beggars belief that the Commissioner would make that decision.

Zero tolerance is what the Garda Síochána Ombudsman Commission, GSOC, says it is getting from the gardaí in trying to address one of the cases. In terms of the other one, it has been an unmitigated cover-up for a long time in regard to drugs in the Athlone area, and it leaves so much to be desired. The Commissioner's handling of the situation has been nothing short of a disaster. There are repercussions, and they are very sad.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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There is a process under way that is a statutory framework now in terms of investigations where whistleblowers make a claim. Cases that are currently active are involved in that process. That is the first point I would make. The process is not completed. Deputy Wallace has made claims in regard to cover-up and drugs offences. If he has that evidence about drugs in the Athlone area, as he has now quoted, I ask him to please provide that to An Garda Síochána.

At the end of this process, if issues arise regarding the procedures that have been brought in for dealing with whistleblowers under the new statutory arrangements, I will examine them and review how the legislation is working, if that evidence is brought to my attention at the end of this process.

Mick Wallace (Wexford, Independent)
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Why is there zero compliance from the gardaí regarding the first case?

There were commitments to hand over material but they were not honoured. As for the other case, the Minister suggested I should give the information about the drugs, but the Commissioner has it. The person alleged to have protected the individual involved in the drugs happens to be in the Phoenix Park now overseeing the implementation of the Garda inspector's report. The Commissioner has not dealt well with the matter by any measure. A person has lost his life recently in Athlone because of drugs. I would have thought the Government should take this seriously. The fact is that this has not been dealt with for a long time and someone has now lost his life. There are serious questions to be answered. What is happening to that individual in Athlone is shameful.

We went to see him last Saturday morning because we were concerned about his health and what is happening to him. He is being bullied and intimidated by a senior member in his barracks. There has been no feedback on the investigation. I cannot believe the Commissioner can stand over this or that the Minister can stand over the Commissioner's role in it.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Deputy Wallace is making some outrageous allegations in respect of the behaviour of An Garda Síochána and the force's compliance with what is a statutory obligation. That is what Deputy Wallace is saying. He said that the Garda has not been involved in outlining-----

Mick Wallace (Wexford, Independent)
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Yes, that is it, 100%.

Clare Daly (Dublin North, United Left)
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That is it.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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My information is to the contrary and that the force is fully involved in the process in respect of whistleblowing.

Mick Wallace (Wexford, Independent)
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The Minister should talk to the Garda Síochána Ombudsman Commission about it.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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If Deputy Wallace has evidence to the contrary and he wishes to supply it to me, he should give it to me. In the meantime, I hope the whistleblowers will get involved in the various avenues they have to make their concerns known. I expect the Garda has been responding and will respond to them.