Written answers

Thursday, 27 February 2014

Department of Justice and Equality

Garda Síochána Ombudsman Commission Issues

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Independent)
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200. To ask the Minister for Justice and Equality his plans to extend the powers of the Garda ombudsman so that they are the same as the Police Ombudsman in Northern Ireland; and if he will make a statement on the matter. [10225/14]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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202. To ask the Minister for Justice and Equality if the structure and the operation procedures in respect of the Garda ombudsman commission has been found adequate to deal with issues arising since its inception; and if he will make a statement on the matter. [10247/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 200 and 202 together.

The Garda Síochána Ombudsman Commission was established under the Garda Síochána Act 2005 to provide independent oversight of complaints made against members of the Garda Síochána. The Garda Ombudsman Commission has a hugely important role in ensuring that public confidence in the Garda Síochána is safeguarded.

Some weeks ago I announced that I would be bringing to Cabinet a number of amendments to the Garda Síochána Act 2005 relating to the Ombudsman Commission. It has subsequently been agreed at Cabinet that the Joint Oireachtas Committee on Justice, Defence and Equality would be asked to hold such hearings as it deems appropriate and necessary for the purpose of making any recommendations on amendments it proposes be made to the 2005 Act. I look forward to receiving the Committee's recommendations, and in that context I will certainly examine the case for any changes to the remit, powers and structure of the Ombudsman Commission.

As regards the procedures adopted by the Ombudsman Commission, the Commission is independent in the performance of its functions.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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203. To ask the Minister for Justice and Equality if in the context of allegations of electronic eavesdropping of the Garda commission ombudsman office, it has been established that equipment potentially used by eavesdroppers is in the hands of more than one organisation, with or without authority; if criminal gangs have access to such technology; the extent to which any such use has been detected or assessed; and if he will make a statement on the matter. [10248/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I wish to advise the Deputy that there are considerable sensitivities around the provision of the information sought by him and that it is not the practice for obvious security reasons to reveal details of equipment in use by An Garda Síochána or other agencies of the State in the context of tackling serious crime, terrorism or protecting the security of the State.

What I can say is that there are statutory provisions in place governing the interception of communications and to regulate the use of surveillance equipment by An Garda Síochána, the Defence Forces and the Revenue Commissioners. The legislative basis for these activities is found in the Interception of Postal Packets and Telecommunications (Regulation) Act 1993 and the Criminal Justice (Surveillance) Act 2009. Both Acts provide strict conditions and procedures where the carrying out of these functions are concerned. In addition the legislation is subject to judicial oversight and contains provision for redress for members of the public who believe that may have been the victim of improper use of the legislation.

I am informed by the Garda Authorities that there have been examples over the years where criminals and subversive groups have been in possession of sophisticated surveillance and counter surveillance equipment, either for criminal purposes or in an attempt to avoid detection by An Garda Síochána.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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204. To ask the Minister for Justice and Equality if he is satisfied that no breaches of security have occurred in the course of recent or previous alleged incidents which have been reported to the Garda authorities, Garda ombudsman or others since the inception of the Garda ombudsman commission; and if he will make a statement on the matter. [10249/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am not aware of any evidence of such breaches of security. As the Deputy will be aware, retired Judge John Cooke has been appointed to examine concerns as to whether the Garda Ombudsman Commission was subject to surveillance.

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