Niall Collins (Limerick, Fianna Fail)
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542. To ask the Minister for Justice and Equality the steps he took in view of Garda Síochána Ombudsman Commission concerns over Garda handling of a case (details supplied); and if he will make a statement on the matter. [7502/14]

Alan Shatter (Dublin South, Fine Gael)
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As the Deputy is aware, in May 2013, the Garda Síochana Ombudsman Commission (GSOC) made a Report to me under Section 80(5) of the Garda Síochána Act 2005 following its investigation into allegations of collusion between an individual and members of the Garda Síochána. Both the Commissioner and myself have been careful not to refer publically to any individual relating to that report. It is also important to note that, having received the papers submitted by GSOC, the Director of Public Prosecutions directed no charges against members of An Garda Síochána or anyone else. The Report by GSOC contains a series of recommendations related to informant handling procedures within An Garda Síochána, oversight of those procedures, as well as intelligence handling and information exchange between GSOC and An Garda Síochána.

At the time I sought the observations of the Garda Commissioner on the Report and its recommendations. The Garda Commissioner has pointed out the many changes which has been made to its handling of these matters in recent years including the putting in place of a code of practice for the management of Covert Human Intelligence Sources. As such, many of the recommendations made by GSOC were already incorporated into Garda procedures, including improved training for Gardaí, the development of an electronic system for maintaining records, placing emphasis on the necessity for Gardaí to comply with professional standards, strict procedures for handling and disseminating intelligence as well as coordination between specialist units and robust internal auditing. The Commissioner also emphasised that informants are clearly instructed that they may not commit crimes or act as agents provocateur.

Although it is not referred to in the GSOC Report, I should emphasise that there has been, since 2010, an independent, external oversight mechanism in place to ensure compliance with the code of practice of An Garda Síochána for the management and use of Covert Human Intelligence Sources. The current holder of this appointment is Mr Justice Thomas Smyth, former judge of the High Court. In addition to monitoring compliance with the code of practice, Mr. Justice Smyth’s remit requires him to communicate any matters which he considers appropriate, including recommendations, to the Commissioner of An Garda Síochána and to report to the Minister for Justice and Equality annually on the discharge of his functions.

In the wider context I have previously advised this House that following receipt of the GSOC Report I convened a meeting with the Garda Commissioner and the Chairperson of the Garda Síochána Ombudsman Commission on 23 July last to discuss the need for enhanced cooperation between the organisations to ensure the effective and efficient investigation of allegations of Garda misconduct. Both the Commissioner and the Chairperson agreed on the need for the highest possible level of cooperation between the two organisations. In that regard the Garda Commissioner has established a dedicated office within An Garda Síochána to process and monitor requests from GSOC and ensure all correspondence with GSOC is attended to in a timely manner. In addition, revised protocols were agreed and signed by the Chairperson of the Garda Ombudsman Commission and the Garda Commissioner on the 23rd September 2013. These revised protocols put in place clear procedures for the timely sharing of information, including sensitive information and access to PULSE, and more generally for enhanced cooperation. These protocols will be subject to further amendments in lights of the recent agreement that the Ombudsman Commission will have direct access to the PULSE system for the penalty points investigation and any other investigation in which they are engaged. Finally, I should mention that a committee has also been established, chaired by a senior official of my Department, with senior representatives from the Ombudsman Commission and the Garda Síochána, to act as a forum where any future emerging issues concerning the protocols can be identified and appropriately addressed.