Joe Higgins (Dublin West, Socialist Party)
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111. To ask the Minister for Justice and Equality if there was an investigation within her Department regarding a surveillance programme within the Garda Síochána named Operation Mizen; and if she will make a statement on the matter. [35279/15]

Joe Higgins (Dublin West, Socialist Party)
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Did the Minister for Justice and Equality, as we asked her months ago, institute an investigation in her Department regarding a Garda Síochána surveillance programme entitled Operation Mizen against anti-water-charge activists? Will the Minister make a statement on the matter?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I am happy to confirm that Operation Mizen is not a surveillance programme operated by the Garda Síochána, contrary to recent assertions in commentary on water protests by public representatives and others. I have been informed by the Garda Commissioner that Operation Mizen was established by the Garda Síochána as a national co-ordination office to provide appropriate policing responses to maintain public order and to ensure the safety of all involved in protests against water charges.

In this context, one of the approaches adopted by the Garda authorities involves making use of open source information that is generally and publicly available on the Internet and on social media platforms. The Deputy probably uses this information when he wishes to locate a convenient water protest at which to appear. I mean it is open source information that is effectively involved. Obviously, I fully support the right of people to protest. I understand that Operation Mizen does not engage in technical surveillance or interception. This is very important. I am further informed that no public representative or member of the public is subject to such surveillance by Operation Mizen.

The Deputy is aware that the Criminal Justice (Surveillance) Act 2009 provides the legislative basis for the carrying out of covert surveillance in this State. Under that Act, authorisations for surveillance are granted on application to a judge of the District Court. As Minister for Justice and Equality, I have no role in that process. The 2009 Act makes provision for independent judicial oversight of its operation by a serving judge of the High Court. The designated judge is independent in his functions and reports to the Taoiseach. His reports are made public. There is also an independent complaints mechanism for individuals who believe they have been the subject of an authorisation under the relevant provisions of the Act. The complaints referee is a serving Circuit Court judge who may investigate any complaints made.

Joe Higgins (Dublin West, Socialist Party)
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Does the Minister have any appreciation of how sinister it is that a mass movement of ordinary people against a water tax is being policed in this way? People understand that this hated austerity burden, which is part of the bailout of bankers and bondholders, is a precursor to commodification and privatisation. Hundreds of thousands of people have been actively involved in campaigning against this aspect of austerity. Some 57% of the population boycotted their first bill because it did not have their consent. Gardaí have flooded into communities to help a billionaire's company and others to ram water meters down people's throats. It now appears that a special unit of the Garda has been spying on this movement. That is the reality. According to media reports, the senior garda heading up this spying operation is the spouse of the Commissioner. Will the Minister confirm whether that is the case? The Minister has said that open source information is used. Can she tell us exactly what this means? Will she acknowledge that under section 8 of the 2009 Act that she mentioned, a garda can get permission from a senior officer to conduct tracking and so on for four months without having to go to court? Is that the case? Are elected representatives the subjects of this activity just as are water charges activists?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I do not think the Deputy listened to my reply. I said, "I am happy to confirm for the House that Operation Mizen is not a surveillance programme operated by An Garda Síochána, contrary to assertions that have been made recently in commentary on water protests". I also answered the Deputy's question about whether public representatives are being monitored when I made it absolutely clear that this is not the case. That was very clear in my answer. The statutory functions of An Garda Síochána include the preservation of peace and public order, the protection of life and property and the vindication of the human rights of individuals. As we all know, in the context of these functions it has been necessary for the Garda authorities to deploy gardaí routinely at water meter installations and protests. That is the reality of what has been happening. We know that when we look at the number of arrests, for example. The Garda authorities have confirmed that there have been 188 arrests in relation to water protests since November 2014. It should be noted in that regard that some individuals have been arrested on multiple occasions. That, and not the way the Deputy characterises this operation, is the reality of the job the gardaí are doing out there. This is a routine operation in terms of managing protests and ensuring the safety of protestors.

Joe Higgins (Dublin West, Socialist Party)
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Will the Minister acknowledge the reality that her Government's water tax, and the commodification of water that is part of it, does not have the support of the vast majority of ordinary people in this country?

Instead of recognising that and abolishing the water charges, we have the institution of political policing to track, observe and keep under surveillance people who are simply enunciating the objections of their community. Hundreds of thousands of people have been on the streets, representing a mass movement of ordinary people. Will the Minister agree that it is an entirely unjustified response from the establishment, which is trying to force a false tax on people that they do not want?

Bernard Durkan (Kildare North, Fine Gael)
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Thank you, Deputy.

Joe Higgins (Dublin West, Socialist Party)
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Will she confirm that the spouse of the Garda Commissioner is in charge of this unit, as reported in one particular media outlet?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I do not accept the assertion that the Deputy makes or his description of the work that An Garda Síochána is doing as political policing. I do not accept that assertion. Gardaí are out there, doing their job. The Government and I fully support the right of our citizens to protest, including the right of those who wish to protest peacefully against water charges or Irish Water. However, I am grateful to the men and women of An Garda Síochána for facilitating the safe and orderly conduct of many large protests in cities and towns throughout the State and for the other work they have done, often in extremely difficult circumstances, as we have seen in many video clips on various social media. I am very grateful to the men and women of An Garda Síochána for the way they have done this work in recent months and the way they have carried out their functions. Operation Mizen is simply what I have said it is - a straightforward operation to make sure that public order is maintained.

Bernard Durkan (Kildare North, Fine Gael)
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Question No. 112 is in the name of Deputy Mattie McGrath. The Deputy is absent.