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Ceisteanna - Questions - Priority Questions: Independent Review Mechanism (1 Dec 2015)

Frances Fitzgerald: I must state again to the Deputy that this was neither a commission of investigation nor a tribunal. It was a genuine attempt to look with a wide lens because all of the approximately 350 cases referred to the Department were taken into account. I think the Deputy accepts they covered a very wide range of issues, including property disputes, probate issues, disputes between neighbours,...

Other Questions: Protected Disclosures in the Public Interest (1 Dec 2015)

Frances Fitzgerald: The Deputy's question asks me if I am satisfied that investigations into allegations made by serving gardaí are being carried out in a way that ensures confidentiality and that all efforts are being made to avoid negative consequences for whistleblowers. However, the Deputy has come in here again today, as he has done on three previous occasions, and has given the names of...

Other Questions: Protected Disclosures in the Public Interest (1 Dec 2015)

Frances Fitzgerald: He wants these questions to be dealt with confidentially and yet he comes in here-----

Other Questions: Protected Disclosures in the Public Interest (1 Dec 2015)

Frances Fitzgerald: He referred to confidentiality.

Other Questions: Protected Disclosures in the Public Interest (1 Dec 2015)

Frances Fitzgerald: Yes. However, the Deputy has named people here and yet he says he wants these inquiries to be carried out in a confidential and sensitive way.

Other Questions: Protected Disclosures in the Public Interest (1 Dec 2015)

Frances Fitzgerald: Prior to the Protected Disclosures Act 2014 coming into operation, whistleblowing was provided for under the confidential reporting scheme. Each confidential recipient was required to transmit each confidential report to the Garda Commissioner. Only where a confidential report contained an allegation which related to the Garda Commissioner was it transmitted to the Minister. Obviously...

Other Questions: Protected Disclosures in the Public Interest (1 Dec 2015)

Frances Fitzgerald: Deputy Wallace has come in and has given details of individual cases on the floor of the Dáil, which I appreciate. He is obviously doing that because he thinks it is the right thing to do. I cannot comment on individual cases but we must be very careful in this House in discussing individual cases of whistleblowing. There is legislation in place, which is very new. An Garda...

Other Questions: Protected Disclosures in the Public Interest (1 Dec 2015)

Frances Fitzgerald: -----other than he has already, I will pass on any relevant information but I do not discuss individual cases.

Other Questions: Protected Disclosures in the Public Interest (1 Dec 2015)

Frances Fitzgerald: For the Deputy to come in here and say An Garda Síochána is lawless-----

Other Questions: Protected Disclosures in the Public Interest (1 Dec 2015)

Frances Fitzgerald: -----and that the senior management either do not know or care about practices within An Garda Síochána is an extraordinary claim to make. We have new management in An Garda Síochána. We have a Garda Commissioner who was recruited through an independent open process who is setting about the reform of An Garda Síochána, examining-----

Other Questions: Protected Disclosures in the Public Interest (1 Dec 2015)

Frances Fitzgerald: That is the management. The Garda Commissioner is the most senior person in An Garda Síochána. The Deputy is saying that An Garda Síochána is not following through on what the legislation tells it to do-----

Other Questions: Protected Disclosures in the Public Interest (1 Dec 2015)

Frances Fitzgerald: -----in regard to whistleblowers. That is a most serious charge.

Other Questions: Protected Disclosures in the Public Interest (1 Dec 2015)

Frances Fitzgerald: My information is that all charges regarding whistleblowing are being dealt with under the protected disclosures legislation and are being-----

Other Questions: Protected Disclosures in the Public Interest (1 Dec 2015)

Frances Fitzgerald: I do not know that.

Other Questions: Protected Disclosures in the Public Interest (1 Dec 2015)

Frances Fitzgerald: What I am telling the Deputy is that management in An Garda Síochána is serious and committed and is intent on reforming it, making it fit for purpose and implementing the legislation that is in place to deal with whistleblowers. That has to be done. If a whistleblower goes to management, the case has to be taken seriously, it has to be investigated and a report has to be made....

Other Questions: Sentencing Policy (1 Dec 2015)

Frances Fitzgerald: As the Deputy will appreciate, judges are independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. In regard to sentencing, the approach of the Oireachtas has generally been to specify in law a maximum penalty for an offence, so that a court, having considered all the circumstances of a case, may...

Other Questions: Sentencing Policy (1 Dec 2015)

Frances Fitzgerald: Work is ongoing on a judicial council Bill and one of the elements will be to provide a statutory basis for the work I have outlined that is being done by the Irish sentencing information system along these lines. We have not walked away from the Bill on which work is ongoing. I take the Deputy's point that it is an important Bill. I do not agree with his comments on my reply which shows...

Other Questions: Sentencing Policy (1 Dec 2015)

Frances Fitzgerald: I reiterate that judges are independent. The Deputy has said they must be held accountable, but they are independent; that is the reality. We bring forward legislation that outlines the sentencing we think is appropriate to a variety of crimes. All of the expert information available to me indicates that mandatory sentencing is not the way forward because of that very point. What does...

Other Questions: Garda Resources (1 Dec 2015)

Frances Fitzgerald: Recent events have brought into focus the potential threats that democratic societies face from international threats. It must be recalled that the primary security threat facing the State is from so-called dissident republican paramilitary groups. These groups are inextricably linked to organised crime in order to fund their activities. At present, over 40 people are before the Special...

Other Questions: Garda Resources (1 Dec 2015)

Frances Fitzgerald: This is a key issue, heightened all the more by recent events in Paris, and was discussed at the meeting of the justice and home affairs Ministers. There will be further meetings this week. It was made clear that international co-operation is key to dealing with this issue. Exchange of intelligence information, identification of the travel routes of suspects, the use of Interpol and...

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