Jonathan O'Brien (Cork North Central, Sinn Fein)
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11. To ask the Tánaiste and Minister for Justice and Equality if she has made a report to Garda Síochána Ombudsman Commission, as requested by the Garda Commissioner, concerning a meeting of gardaí in Mullingar with a person (details supplied); the date on which she made the report; the reason for the delay; and if she will make a statement on the matter. [17634/16]

Jonathan O'Brien (Cork North Central, Sinn Fein)
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My question concerns the request from the Garda Commissioner in respect of formally asking GSOC to investigate the claims around two members of the force and a meeting in Mullingar. Has this matter been referred to GSOC and, if so, what was the reason for the delay in making that referral?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy is aware, I published the report of the O'Higgins Commission of Investigation (Certain Matters relative to the Cavan-Monaghan Division of An Garda Síochána) on 11 May. As I have previously stated, it deserves the most careful consideration so that we can do everything possible to avoid a repeat of the issues which gave rise to the commission in the first place.

On 19 May 2016 the Garda Commissioner wrote to me asking that I use the legal powers available to me to ask the Garda Síochána Ombudsman Commission to investigate matters alleged to have occurred in respect of a meeting in Mullingar involving certain officers. Section 102 of the Garda Síochána Act 2005 permits me to do so if I consider it desirable. I informed the House during the debate that took place on the O'Higgins report that I was consulting with the Attorney General about the precise nature of such a request.

On the basis of the advice provided by the Attorney General, I sought additional information from the Garda Commissioner. The Garda Commissioner provided me with more detailed information on 3 June 2016. Having considered the Commissioner's detailed request, and satisfying myself that it was desirable in the public interest that this matter be investigated, as to leave it unaddessed could undermine confidence in An Garda Síochána, I made a request to GSOC on 16 June 2016. My powers under section 102 are not to be exercised lightly and, in all the circumstances, I do not believe that there was any undue delay in making this request.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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What was the additional information sought by the Tánaiste? Was it new information or information that was available to the O'Higgins inquiry, particularly in respect of this issue? It was my understanding that all matters relating to this would have been discussed before the inquiry so I am curious as to what the additional information sought by the Tánaiste was. The Garda Commissioner made a request on 19 May 2016 and the first time we were aware of it was the following week at the beginning of the Dáil debate, which was held on 25 May 2016. As of 8 June 2016, in a reply to a parliamentary question, it was stated that there was no referral, but the Tánaiste is now saying that this referral was made to GSOC on 16 June. I take it that GSOC is now investigating this complaint.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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These are very significant powers in respect of investigation. I must consider every investigation very carefully in terms of whether it is the right thing to do. I had to consider the commission of investigation and the context and I had to get the advice of the Attorney General as to whether she considered it appropriate given the various issues involved. The information relating to the Garda Commissioner was more general. She had given me a detailed request and I felt it was in the public interest and went ahead.

It was a number of weeks but there were various pieces of work that needed to be done before I requested GSOC to do this investigation and it is now in a position to do that independent investigation.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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One of the statements coming from the O'Higgins report was that the gardaí will work with Transparency International Ireland on a new disclosures policy. Can the Tánaiste give us any update on that? It is my understanding that the disclosure policy has not yet been presented to Transparency International Ireland. Does the Tánaiste have any comment to make on that?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I do not know the details of the interaction between Transparency International Ireland and the Garda Commissioner. The Garda Commissioner has said she wants to make every effort to ensure that whistleblowers are dealt with appropriately in the Garda Síochána and that the culture of whistleblowing changes so that it is a safe place if members of the force wish to report issues of concern to them and want to make protected disclosures within the force. As part of that, she has said she will work with an outside body, namely, Transparency International Ireland, to do that work. I assume the work has started but I can ask the Commissioner for an update on that and communicate with the Deputy.