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Other Questions: Criminal Law Review (27 Jan 2016)

Frances Fitzgerald: As I have said, the 1993 legislation provides that an authorisation for interception may only be granted by ministerial warrant on application from the Garda Commissioner, the Chief of Staff of the Defence Forces or the chairperson of the Garda Síochána Ombudsman Commission, and only for the purposes of the investigation of serious crime or protecting the security of the State as...

Other Questions: Criminal Law Review (27 Jan 2016)

Frances Fitzgerald: I have a detailed report before me on the review of the operation of the Criminal Justice (Surveillance) Act, which was presented to the Taoiseach by Mr. Justice Robert Eagar. That is available and I believe the Deputy has referenced it. It contains considerable detail. By its very nature, there will not be the level of detail because of particular issues relating to the serious crime that...

Other Questions: Criminal Law Review (27 Jan 2016)

Frances Fitzgerald: The Deputy has made an important point about privacy. In this House in 2014 she asked me to carry out an inquiry into the leaking of information to the media regarding the Roma children. At that time she said, "the Minister could do some work about sources in An Garda Síochána leaking information to the media". She made that point quite strongly.

Other Questions: Criminal Law Review (27 Jan 2016)

Frances Fitzgerald: She also said that GSOC should have the kinds of the powers I have said today are important. The Garda is under strong legal obligations under the 2005 Act regarding the privacy of individuals. Let us ensure that is also on the table. It is about a balance of interests, as she has said. The Deputy said that Ireland is out of kilter with other countries. I have very clearly asked Mr....

Ceisteanna - Questions - Priority Questions: Garda Inspectorate Reports (27 Jan 2016)

Frances Fitzgerald: Any decisions about when the authority holds public meetings will be in the first instance a matter for Josephine Feehily, who is the chair of the police authority. I have no doubt there will be a public element to the meeting on Friday in terms of communicating with the public about the work. The work programme is entirely a matter for the authority. In regard to resistance to change,...

Ceisteanna - Questions - Priority Questions: White Collar Crime (27 Jan 2016)

Frances Fitzgerald: Early in its term of office the Government enacted new legislation in the Criminal Justice Act 2011 which was an important step forward in our response to this form of criminality. Its main purpose is to address delays in the prosecution and investigation of complex white collar crime, about which there was much concern, by improving certain important procedural matters and strengthening...

Ceisteanna - Questions - Priority Questions: White Collar Crime (27 Jan 2016)

Frances Fitzgerald: Deputy Mac Lochlainn will appreciate that the allocation of resources to particular investigations or specialist units such as the Garda Bureau of Fraud Investigation mentioned by him is a matter for the Garda Commissioner. The truth is there has been underinvestment - there is no doubt about that - because the country was bankrupt. We are now in a different situation and we must continue...

Ceisteanna - Questions - Priority Questions: White Collar Crime (27 Jan 2016)

Frances Fitzgerald: I do not accept what Deputy Mac Lochlainn said. In fact, it is clear the Government has put more resources into the more efficient management and ability of An Garda Síochána to tackle criminal activity than other Governments in recent years. At the height of the Celtic tiger, we did not have the kind of investment in ICT that was clearly needed and, as I have said, it was...

Ceisteanna - Questions - Priority Questions: Surveillance Operations (27 Jan 2016)

Frances Fitzgerald: We do have judicial oversight. Judicial oversight is very important. This particular area is not one in respect of which, for obvious reasons, we would have a huge amount of detail, but the seriousness with which judges take their role in terms of the oversight they must have in place should not be underestimated. There is no question, as the Deputy appeared to be implying in his remarks,...

Ceisteanna - Questions - Priority Questions: Surveillance Operations (27 Jan 2016)

Frances Fitzgerald: The Deputy is making statements in respect of which there is no evidence. In regard to his statement that the public is being subject to surveillance, there is no evidence that-----

Ceisteanna - Questions - Priority Questions: Surveillance Operations (27 Jan 2016)

Frances Fitzgerald: -----the public is being subject to widespread or unsupervised mass surveillance. We have laws in this regard in place and which were discussed in and by this Oireachtas. For example, if the Deputy reads the 2011 records, he will see that the then Minister, former Deputy Dermot Ahern, at that time discussed in detail the important issue of balancing rights. While he was concerned about the...

Ceisteanna - Questions - Priority Questions: Surveillance Operations (27 Jan 2016)

Frances Fitzgerald: Access to telephone records can be an important tool. There is no question of that. The Deputy will be well aware of what is happening internationally. The internal systems within, for example, the Garda Síochána Ombudsman Commission, in terms of the methodology used for access to records, require the consent of the Garda Commissioner. The same applies to An Garda...

Ceisteanna - Questions - Priority Questions: Garda Inspectorate Reports (27 Jan 2016)

Frances Fitzgerald: As the Deputy will have heard my earlier response on this issue, I do not propose to repeat what has been already implemented. In regard to investment in An Garda Síochána, including new supports for information and communications technology, which, as the Deputy rightly said, are long-standing problems, owing to the change in our economic circumstances, we are now in a position to...

Ceisteanna - Questions - Priority Questions: Garda Inspectorate Reports (27 Jan 2016)

Frances Fitzgerald: I will try to respond to all of the Deputy's questions. First, I have had discussions with the Garda Commissioner on the most recent report. I also arranged for the Garda Commissioner, the chairperson of the police authority and members of the Garda Inspectorate to appear before the Cabinet sub-committee on justice three weeks ago for a frank and detailed discussion on the recommendations...

Ceisteanna - Questions - Priority Questions: Garda Inspectorate Reports (27 Jan 2016)

Frances Fitzgerald: That is a reasonable request and I am happy to respond to it. Many of the Garda Inspectorate's reports have been implemented. I draw the Deputy's attention to what is actually on the inspectorate's website in respect of implementation. When we discuss these reports, it is important to contextualise the recommendations. There is no question that many of them arise from historical...

Ceisteanna - Questions - Priority Questions: Garda Inspectorate Reports (27 Jan 2016)

Frances Fitzgerald: It is very reasonable to say that when one has reports, one needs ongoing evaluation and monitoring of them . It is very important and my Department is involved in that. In addition, the new police authority will also have a role in this and we will have public meetings relating to what is happening. It is very clear that in terms of monitoring and evaluating the kind of response to the...

Ceisteanna - Questions - Priority Questions: Surveillance Operations (27 Jan 2016)

Frances Fitzgerald: I think the Deputy is confusing the statistics under the various pieces of legislation if he is quoting that figure. Those who would seek to commit serious offences or threaten the security of this State have not been slow to embrace the opportunities offered by modern technology at a national and international level. It is, therefore, to be entirely expected that if we want An Garda...

Ceisteanna - Questions - Priority Questions: Garda Síochána Ombudsman Commission (27 Jan 2016)

Frances Fitzgerald: As the Deputy is aware, the Garda Síochána Ombudsman Commission, GSOC, was established as a statutory independent body under the Garda Síochána Act 2005 to provide independent oversight of complaints made against members of the Garda Síochána. There is widespread support to have such a body. The Garda Síochána Act stipulates that GSOC is independent...

Ceisteanna - Questions - Priority Questions: Garda Síochána Ombudsman Commission (27 Jan 2016)

Frances Fitzgerald: As the Deputy is aware, I recently have put various figures into the public arena on the question he has asked. The review's terms of reference are to consider international best practice and the legislative framework. It is the case in respect of all the Acts in this area that judicial reviews are carried out, which is important. The Deputy rightly raises the question as to whether,...

Ceisteanna - Questions - Priority Questions: Garda Inspectorate Reports (27 Jan 2016)

Frances Fitzgerald: In the first instance, as the Deputy has asked, I will put on record some information regarding previous reports. To date, there have been 11 reports and as Members are aware, the job of the Garda Inspectorate is to promote efficiency and effectiveness within An Garda Síochána, which is an objective shared by all Members. The inspectorate undertakes comprehensive analysis of...

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