Dáil debates
Tuesday, 12 December 2023
Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions
An Garda Síochána
8:50 pm
Thomas Pringle (Donegal, Independent)
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43. To ask the Tánaiste and Minister for Justice and Equality how the priorities and performance targets (including consultation with the Garda Commissioner) pursuant to section 20 of the Garda Síochána Act 2005 are reviewed and revised, particularly concerning cold case investigations of unsolved murders related to the Troubles; how co-operation with UK law enforcement agencies is overseen in this context; how frequently the Garda Commissioner exercises the power to enter into agreements with such agencies under section 28 of the Act to advance these investigations; and if she will make a statement on the matter. [53406/23]
Thomas Pringle (Donegal, Independent)
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This question relates to how the Garda pursues unsolved Troubles-related crimes, such as murders, in the South and what co-operation it has with the PSNI or the British state regarding the sharing of information that might be relevant to those crimes.
James Browne (Wexford, Fianna Fail)
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I thank the Deputy for raising this important question. It raises a very important issue with regard to the work undertaken by the authorities here in the investigation of Troubles-related murders in this jurisdiction, as well as co-operation with UK Troubles legacy processes that have a cross-Border dimension.
I assure the Deputy that in circumstances where such offences have not been resolved, the investigations remain open and An Garda Síochána will, and do, follow up fully on any new evidence or information that becomes available to it, whether that comes from the public, from other police services or from its own investigations. Responsibility for the investigation of unresolved criminal offences is, and will remain, the responsibility of the Garda authorities. It is a matter of profound sadness, particularly for their loved ones, that there are Troubles-related deaths that remain unsolved to this day and where nobody has yet been brought to justice.
The Deputy will appreciate that there are complex historical cases, relating to a particular period some time ago, and in respect of which the passage of time brings particular complications. The Deputy referred to section 28 of the Garda Síochána Act 2005, which provides a legal basis for An Garda Síochána to enter into agreements on co-operation and information exchange with law enforcement agencies outside the State. In the context of Troubles-related cases, I can inform the Deputy that it has not been necessary to enter into a formal agreement, as provided for in section 28, as information has been exchanged on a police-to-police basis and evidence sought by means of a request for mutual legal assistance when required.
There have, however, been multiple strands of Garda co-operation with a variety of non-policing UK legacy bodies, such as Operation Kenova, the Police Ombudsman for Northern Ireland and inquests, which have necessitated particular legal arrangements being put in place. As part of the Irish Government’s ongoing commitment to progressing issues related to the past, the Government has worked tirelessly to facilitate these requests for co-operation and sharing of information. This commitment has included the introduction of primary legislation - the Criminal Justice (International Co-operation) Act 2019 - and bespoke co-operation mechanisms to facilitate co-operation with the various non-policing legacy mechanisms.
Thomas Pringle (Donegal, Independent)
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The Minister of State referenced cases that remain open. What active investigations are taking place in that regard? Will the Minister of State outline what steps have been taken to keep victims and family members informed about what is happening with those cases? That is vitally important.
The Minister of State also said that no formal processes or formal requests have been made for information but he is satisfied that the information does come across as required. The Minister of State outlined that formal processes are put in place for dealing with inquests. Am I correct in that? Perhaps the Minister of State will expand a little more on that but also deal mainly with the information in relation to victims and their families.
9:00 pm
James Browne (Wexford, Fianna Fail)
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As I understand it, An Garda Síochána is always very conscious of victims of crime and works very carefully to keep families updated in relation to any investigations. There is strong ongoing co-operation between An Garda Síochána and the Police Service of Northern Ireland, PSNI. The cross-Border joint agency task force was established under a 2015 fresh start agreement to bring a concerted and enhanced effort to tackle cross-jurisdictional crime. The task force is led by senior officers from An Garda Síochána, Revenue, the PSNI, and HM Revenue and Customs. The Criminal Assets Bureau and the National Crime Agency are also involved, as needed, in operational activity. Officers from An Garda Síochána and the PSNI have highlighted the practical value in the continuing excellent level of co-operation and operational activity between the agencies in tackling various types of crime, be it a drug war, financial or the trafficking of human adults or children. There is excellent co-operation between the two police services.
Thomas Pringle (Donegal, Independent)
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With all due respect to the Minister of State, I do not believe that last part was relevant at all to the question I asked. My question was on Troubles-related incidents but the Minister of State has outlined ongoing investigations taking place now, as far as I can make out. It is important to acknowledge that Troubles-related incidents and murders have taken place that should continue to be investigated. The question is whether they are or not and whether the families are actually informed in relation to it.
A co-operation agreement is outlined in Schedule 3 of the Garda Síochána Act 2005. Has this been implemented and especially in the context of investigations of Troubles-related crimes? How are these provisions put into practice on cross-Border investigations?
James Browne (Wexford, Fianna Fail)
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I do not have an answer to hand on Schedule 3 but I will get the answer relayed to the Deputy. With regard to unresolved cases I assure the Deputy that on Troubles-related matters, there is significant co-operation between Ireland and United Kingdom. In certain circumstances where cases have not been resolved the investigations remain open and An Garda Síochána follow up fully on any new evidence or information that becomes available to them. The responsibility for these investigations of unresolved criminal offences is a responsibility of An Garda Síochána in relation to these Troubles-related deaths.
The Deputy also referred to section 28 of An Garda Síochána Act 2005, which provides a legal basis for co-operation. As I have already informed the Deputy, it has not been necessary to enter into a formal agreement because we are satisfied there is sufficient exchange on a police-to-police basis between the two police forces.