Alan Kelly (Tipperary, Labour)
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I thank the Minister for Justice and Equality, Deputy Flanagan, for coming to the House to address this issue. In January 2018, I asked the Minister to investigate the situation relating to homicide figures. The Minister is aware that at the time the Policing Authority had serious issues with the statistics that had been provided to it. There were internal tensions between the deputy head of An Garda Síochána analysis service and senior members of An Garda Síochána management regarding the categorisation of these crimes. In March, two very brave women, Ms Lois West and Ms Laura Galligan, came before the Joint Committee on Justice and Equality, where they outlined their issues. Their testimony was the best I have ever heard in these Houses. They knew their information, their data, their work and the professional standards that are required better than anyone I have ever seen. Ms West and Ms Galligan conducted an investigation into statistics from 2013 to 2017, and they also went back to 2003 as a result of that investigation. Under considerable pressure, they refused to sign off on statistical reports they could not stand over. They also told the justice committee that they felt belittled and undermined and that their professional standards had been ignored. As a result, a review has been conducted in respect of homicide figures and other statistics that had been provided to the Central Statistics Office, the CSO. I am of the view that, at the time, Garda management did not want this information coming out because it was damaging to the force's reputation.

On foot of the work of the two Garda crime analysts, has an analysis of PULSE been carried out? Is the system fit for purpose and capable of maintaining statistics? Have gardaí being trained as a result of the revelations made by those two brave women? Were investigative procedures put in place to ensure that statistics are being correctly brought together? Has the administration of PULSE to provide the statistics and other systems in the background changed since January of last year?

Last week, there was a further report from the CSO which contained crime statistics that are very worrying in the context of the increase in serious crime. The CSO has said that these statistics were provided in a new category termed "under reservation". Is this going to change, and when will it change? Will the Minister indicate if there has been any investigation into the treatment of the two women to whom I refer?

I want to know specifically if gardaí handle personal crime data on citizens of the State in the correct manner. Have gardaí ever passed on to the CSO not just crime statistics but also the names and details of the perpetrators of serious crime? Have gardaí ever passed on names or details of those who are suspected of committing serious crimes? Have they passed on the names or details of the victims of such serious crimes? Has this ever happened or is it happening currently? Has the position in this regard changed in the recent past? Have gardaí been giving personal information on victims, perpetrators or suspects to the CSO as part of the transfer of data? If that is the case, is the Minister absolutely confident to confirm that neither the Statistics Act 1993 nor the Data Protection Act 2018 have in any way been breached?

Will the Minister indicate if the acting Garda Commissioner has invoked section 41 of the Garda Síochána Act to inform the Minister of anything relating to the matter to which I refer? Has the Policing Authority been informed of any concerns in this regard? Will the Minister admit that if there were any breaches of this nature, it would be a very serious matter?

Charles Flanagan (Laois, Fine Gael)
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Earlier this week, the CSO published its second quarterly crime statistics release of 2018 "under reservation". As the Deputy will be aware, the CSO formally recommenced the publication of the statistics on 28 March by issuing the full-year figures for 2017. This is a vitally important development for a number of reasons but particularly for the management of criminal justice policy and Garda operations so we have regular publication of CSO crime statistics to allow for a targeted response to crime. There is a well-documented body of work ongoing in this area to ensure that the CSO can stand over the figures it releases as a true and accurate reflection of the level of criminality in our society.

We must bear in mind that issues with the consistent recording of crime data are not unique to this jurisdiction. This notwithstanding, I remain determined that a strong focus remains on the need for improvements in this area. I am satisfied that the work of An Garda Síochána, in conjunction with the CSO and the Policing Authority, will soon return the crime statistics to the higher standard expected by our national statistics agency.

The Deputy will recall that on 27 July 2017, I published the report of the CSO-Ied expert group on crime statistics. The expert group was established to specifically address six recommendations arising from the Garda Inspectorate's report on crime investigation for 2014 which directly related to the compilation of crime statistics. During the course of the group’s meetings, a number of new measures were implemented on the Garda PULSE database with the objective of improving data quality and these were outlined to the group by An Garda Síochána. Furthermore, since the establishment of the expert group, a liaison group was set up between the CSO and An Garda Síochána as a formal, high-level mechanism for consultation and communication between both organisations that will facilitate co-operation and ensure that both organisations can fulfil their respective statutory obligations for the production of crime statistics as set out in the Garda Síochána Act 2005, and in accordance with the procedures and requirements of the Statistics Act 1993. The group, inter alia, also oversees the implementation of the recommendations of the expert group. In addition, a revised memorandum of understanding between the CSO and An Garda Síochána was signed in 2017. The CSO has already carried out two detailed reviews of crime data quality in 2015 and 2016 and I understand that further general reviews of crime data quality are planned. The CSO’s work provides an important measure of reassurance to support ongoing work to enhance the quality of the official crime statistics.

Alan Kelly (Tipperary, Labour)
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I thank the Minister for his response. I am aware of much, if not all, of the information in the reply. To be honest, I am not trying to catch the Minister out. That is being genuine. I know the Minister is shaking his head-----

Charles Flanagan (Laois, Fine Gael)
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I am not.

Alan Kelly (Tipperary, Labour)
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I will take the Minister at his word. I just want to know some information. If the Minister does not have the information that is fine and he can let it be known in the next 24 hours. I want to be absolutely certain that when An Garda Síochána gives information to the CSO, in the past and currently, it does not give personal details of victims of crime, include very serious crimes such as murder and rape. I also want to be certain that they have not given the details to the CSO of the perpetrators of said crimes or the details of potential suspects in those crimes. If it is so, that is fine. If not, then why has the Minister not been told about it? Is the Department aware of this? Was the previous Garda Commissioner aware of it? What has An Garda Síochána done about it? Has it changed in the recent past or has the practice - if it was being followed - been stopped? Have the Statistics Act 1993 or the Data Protection Act 2018 been breached?

Are there other serious legal issues as a consequence, apart from privacy and data protection? Was the Policing Authority informed? I want to know whether, since January of this year - a clean-up was supposed to happen and the Minister outlined some actions - practices like this happened and if they did, whether they have finished. I also want to know that the information of citizens of this State, whether they were perpetrators or victims of crime or suspects - I am particularly concerned about victims - was sacrosanct and protected at all times.

Charles Flanagan (Laois, Fine Gael)
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I assure Deputy Kelly and the House that I am determined to ensure that a strong focus remains on the need for improvements in this area. I welcome ongoing collaboration between the CSO and the Garda Síochána and, having regard to the important oversight role of the Policing Authority, I am sure that Deputy Kelly will agree it is entirely appropriate that this matter be the subject of careful examination and enquiry by the Policing Authority. If Deputy Kelly has any evidence of wrongdoing or breach of law, I ask him to put that in writing to me, and if there are any irregularities of the type that have been implied yet again by Deputy Kelly, I would be happy to ensure that an appropriate investigation takes place.

The CSO has indicated that improvements to Garda data quality have been achieved in recent times. Important information technology, IT, upgrades are being made which, together with the enhanced supervision and review processes, will facilitate greater accuracy and consistency in crime data. All this must be within the law. However it will take some time for the full effects of the Garda upgrades to be reflected in the official crime statistics. I and my Government colleagues remain committed to ensuring that An Garda Síochána has all the resources required to carry out its vital functions, including improving data quality. This will be reflected next week in the Garda budget. I am determined to ensure that improvements in this area are appropriate and are carried out and in this regard, I will continue to engage directly with Commissioner Drew Harris in achieving this goal.