Paul Murphy (Dublin South West, Socialist Party)
Link to this: Individually | In context | Oireachtas source

49. To ask the Minister for Justice and Equality if there was any investigation within her Department regarding a surveillance programme within An Garda Síochána named Operation Mizen; the approach taken by An Garda Síochána to surveillance of protesters; and if she will make a statement on the matter. [42694/15]

Paul Murphy (Dublin South West, Socialist Party)
Link to this: Individually | In context | Oireachtas source

I ask the Minister to make a statement about Operation Mizen, which was reported in the Daily Mail as a surveillance operation against anti-water charges protesters. We have asked a number of questions about it and the answers we have received have been more interesting for what they have not said than what they have said. The Minister has denied this is a surveillance operation but she has never ruled out, and I would ask her to clearly rule out, that anti-water charges protesters have been or are currently under surveillance by Operation Mizen or another arm of the Garda.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As I have indicated to the House previously, and am happy to confirm again today, Operation Mizen is not a surveillance programme operated by An Garda Síochána, contrary to the assertions made by the Deputy or others in commentary on water protests. I have been informed by the Garda Commissioner that Operation Mizen was established by An 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 approach which the Garda authorities adopt is to make use of open source information.

Open source information is generally and publicly available on the Internet and social media platforms, not just to the Garda but to anyone, anywhere.

I am further informed that Operation Mizen does not engage in technical surveillance or interception and I can confirm that no public representative or member of the public is subject to such surveillance by Operation Mizen.

Paul Murphy (Dublin South West, Socialist Party)
Link to this: Individually | In context | Oireachtas source

That is pretty much word for word the answer the Minister gave my colleague, Deputy Joe Higgins, a few weeks ago and while it may be true, what is interesting is what has not been included in it. I seek clarification from the Minister. She said one of the approaches adopted involves making use of open source information. What other approaches are used by the Garda to monitor protesters? She also said that she was further informed that no public representative or member of the public is subject to such surveillance by Operation Mizen, which refers to technical or interception surveillance. Is any member of the public or any public representative subject to another form of surveillance? The only thing ruled out in the Minister's response is technical surveillance. Are there other forms of surveillance? For example, is there monitoring of people's whereabouts, etc., which people come under?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I emphasise for the Deputy that the characterisation of Operation Mizen as a surveillance operation is wrong. It was set up by the Garda to support national co-ordination of its management of water protests from a public order perspective. While there have been many lawful and peaceful protests against water charges, there have also been some very unfortunate examples of unacceptable and violent protests, including outside the gates of this House. The Garda must take whatever appropriate measures it considers necessary to facilitate those who want to protest peacefully and to ensure public safety where necessary.

The Garda Commissioner has made it clear to me that no public representative or member of the public is subject to technical or lawful interception by Operation Mizen. I am sure the Deputy would agree with me that it is essential that people obey the law and demonstrate peacefully, whatever the issue at hand. There is no question but that the right to protest is fundamental in any democracy and we must protect and facilitate it. However, that right must be exercised peacefully. The function of the Garda in respect of public protests and demonstrations is to facilitate them taking place in a peaceful and orderly way, without undue disruption to the daily life and business of others.

Paul Murphy (Dublin South West, Socialist Party)
Link to this: Individually | In context | Oireachtas source

My questions were clear, so why is the Minister refusing to answer the simple questions that arise following the answers she has now given on three occasions? Are members of the public or public representatives subject to any form of surveillance by Operation Mizen or the Garda as a result of participating in anti-water charges protests? The Minister referred to one of the approaches involved, making use of open source information, but what other approaches are used by the Garda to gain information on anti-water charges protestors?

This goes back to the story originally reported in the Daily Mail,which referred to six months of monitoring of protestors, the compilation of profiles and the gathering of intelligence on their whereabouts from sources. The simple question is: is this taking place? Are protestors subject to surveillance other than lawful interception, which is denied by the Minister, as a result of being protestors? Is that the case? If the Minister is refusing to answer that question, is it not extremely sinister that people would be targeted for surveillance by gardaí, through the use of taxpayers' resources, as a result of participating in protests?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Garda is there to keep the peace. It carries out its normal activities as An Garda Síochána in this country in order to ensure that the protests are peaceful. A total of 188 arrests have been made since November 2014 in regard to water charge protests and within that number some individuals have been the subject of arrest on multiple occasions. The majority of arrests made relate to public order offences and breaches of section 12 of the Water Services Act, although there have been arrests for more serious offences. Obviously, in order to ensure people can participate in peaceful protests, gardaí go about their business as members of An Garda Síochána and deal with situations as they arise and take the appropriate action to deal with them. As I said, since November 2014, 188 arrests have had to be made in regard to peaceful protests.

An Garda Síochána goes about its normal business of keeping the peace, whether it be at a water protest or in another situation. Clearly, there have not been peaceful protests in certain areas because 188 arrests have been made.

Paul Murphy (Dublin South West, Socialist Party)
Link to this: Individually | In context | Oireachtas source

Why not answer the question? In fairness, that is quite suspicious.