Alan Shatter (Dublin South, Fine Gael)
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The Garda Síochána Act 2005 sets out the role of the Garda Síochána Ombudsman Commission (GSOC). The Act establishes GSOC as a key element of the policing framework. This role is essential in ensuring that public confidence in the Gardaí is safeguarded. An effective police complaints system must be capable of dealing appropriately and proportionately with a diverse range of allegations against the police in accordance with the seriousness of the complaint and its possible implications. As such, GSOC employs a number of different methods of investigation depending on the nature of the complaint. If a complaint warrants a formal investigation:

GSOC may decide to refer the complaint to the Garda Commissioner for investigation under the Disciplinary Regulations. If complainants are not happy with the outcome of such an investigation, they can request that the Garda Ombudsman conduct a review of the case;

As well as referring a complaint to the Garda Commissioner as above, GSOC actively supervises some of these Garda investigations; In addition, GSOC can take over either unsupervised or supervised investigations and process them itself, should it feel that such a step is required;

GSOC may also conduct investigations of its own from the beginning. In addition, Direct investigations by GSOC will always be carried out in cases involving the death of, or serious harm to, a person as a result of Garda operations or while in the custody or care of An Garda Síochána, or in cases involving potential criminality.

GSOC is not empowered to take disciplinary action against a member of the Garda Síochána - it is empowered to recommend disciplinary action to the Garda Commissioner. Under section 26 of the Garda Síochána Act 2005 it is the Commissioner who has statutory responsibility for the direction and control of the Garda Síochána. GSOC has significant powers to enable it to perform its statutory functions. In direct investigations, its investigating officers have designated police powers. It has the authority to make recommendations to the Garda Commissioner concerning disciplinary proceedings, and also to send a file to the Director of Public Prosecutions (DPP) where it feels that the conduct under investigation may constitute an offence.

In relation to the particular incident to which the Deputy refers, GSOC responded quickly and commenced an investigation on April 5th 2011 under Section 102(4) of the Garda Síochána Act 2005. This section of the Act empowers GSOC to investigate matters where the Commission feels it is in the public interest to do so. The investigation is being conducted by GSOC designated officers. I have been informed that the investigation has been given high priority and it is hoped that it will be concluded at an early stage. I have full confidence in the independence and effectiveness of GSOC in investigating Garda conduct, and I see no basis for the suggestion that there should be an international investigation of the policing of this protest.