Written answers
Thursday, 27 February 2014
Department of Justice and Equality
Garda Síochána Ombudsman Commission Issues
Mick Wallace (Wexford, Independent)
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37. To ask the Minister for Justice and Equality if he will confirm that he has formally requested both the Garda Commissioner and the Lieutenant General of the Defence Forces to make detailed inquiries into whether any authorised surveillance or interception of GSOC was ordered under either the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 or any part of the Criminal Justice (Surveillance) Act 2009 or unauthorised surveillance of GSOC has been conducted to include rogue elements of either organisation; if and on what dates he received satisfactory assurances in response to those formal requests; if this correspondence has been passed to Mr. Justice Cooke for his consideration; and if he will consider reform of the oversight of surveillance mechanisms in the State. [9720/14]
Alan Shatter (Dublin South, Fine Gael)
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The Deputy will be aware that the Government has appointed retired High Court Judge John Cooke to conduct the Independent Inquiry into Reports of Unlawful Surveillance of the Garda Siochána Ombudsman Commission.
In the circumstances I believe it would be inappropriate for me to comment further on the matter.
Mick Wallace (Wexford, Independent)
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39. To ask the Minister for Justice and Equality the reason the terms of reference for the GSOC paper review do not request inquiries to be conducted to identify the source of the covert surveillance, do not allow for consideration of the role of the Garda Commissioner, rogue or retired gardaí, the Minister, the G2 intelligence branch of the Defence Forces; and the reason he chose to order a paper review with no statutory basis to be completed by a Judge that has not been granted judicial powers. [9719/14]
Mick Wallace (Wexford, Independent)
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176. To ask the Minister for Justice and Equality the reason Mr. Justice Cooke has not been granted judicial powers of compellability with regard to witnesses and the production and preservation of evidence and physical powers of entry and inspection; the reason terms of reference for the GSOC paper review do not request inquiries to be conducted to identify the source of any covert surveillance, do not allow for consideration of the role if any of the Garda Commissioner, rogue or retired gardaí, the Minister, the G2 intelligence branch of the Defence Forces; the reason he chose to order a paper review with no statutory basis; and if he will make a statement on the matter. [9750/14]
Micheál Martin (Cork South Central, Fianna Fail)
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218. To ask the Minister for Justice and Equality the resources that will be made available to Mr. Justice Cooke in his review of the potential bugging of GSOC incident; if witnesses will be compelled to attend hearings and all documents legally obliged to be submitted; and if he will make a statement on the matter. [10294/14]
Alan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 39, 176 and 218 together.
On 18 February, 2014 I gave the Cabinet my assessment of the potential damage to both the Garda Síochána Ombudsman Commission and the Garda Síochána, and more widely to public confidence in the enforcement of law, from the ongoing controversy relating to reports of unlawful surveillance of GSOC. The manner in which this controversy had continued, and the new information I had received, led me to the view that it was in the public interest that measures be taken to ensure that the full truth is established beyond dispute. In the light of that, I and my Cabinet colleagues agreed to the appointment of a retired High Court Judge to inquire into all matters of relevance to the controversy.
The Government subsequently appointed retired High Court Judge John Cooke to conduct an independent Inquiry into the reports of unlawful surveillance of the GSOC. The Terms of Reference for the Inquiry were agreed by the Government, on the advice of the Attorney General, and are available on the Department of the Taoiseach's website (www.taoiseach.gov.ie). Judge Cooke has been asked to report on these matters within 8 weeks or as soon as may be thereafter.
Judge Cooke will be provided with any technical and secretarial assistance he requires, and I expect that all parties will co-operate fully with him.
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