Aodhán Ó Ríordáin (Dublin North Central, Labour) | Oireachtas source

The new section 103A being inserted into the 2005 Act by section 9 of the Bill places a statutory obligation on the Garda Commissioner to provide to GSOC any information that the commission needs for the purposes of the investigation of a complaint or any matters comprehended by sections 102 and 102B.The requirement is that the information will be provided to GSOC as soon as is practicable, that is, as soon as it is feasible to do so. This approach has been taken because it must be recognised that, inevitably, there will be situations where it will not be possible to adhere to specific deadlines. Such a case could occur where a key witness is not available or where a very large body of work must be undertaken.

The Minister is aware that there have been situations where the amount of time taken to supply information or material to GSOC has been unacceptable. In that context, she is satisfied that the new provision is sufficient to ensure that GSOC will be able to obtain any necessary information within a period that is appropriate to the complexity of the information being sought. The Minister understands that there has been a significant improvement in the timeframe within which the Garda Síochána provides information to GSOC. Senators will appreciate that the new section 103A will further strengthen the current arrangements. The Minister is very much aware of the requirement for the speedy provision of information by An Garda Síochána to GSOC. In that regard, she is satisfied that section 103A will contribute positively to this requirement and, given the complexities involved, she will be keeping the position under review.

In the circumstances the Minister would ask the Senators not to press the amendment.