Written answers

Tuesday, 8 April 2014

Department of Justice and Equality

Departmental Administration

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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444. To ask the Minister for Justice and Equality the reasons for the delay in being informed of the section 41 letter dated 10 March 2014; and if he will make a statement on the matter. [16389/14]

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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449. To ask the Minister for Justice and Equality if the contents of the section 41 letter from 10 March 2014 was discussed on his 24 March briefing by the Secretary General of his Department; and if he will make a statement on the matter. [16423/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 444 and 449 together.

The Deputy will be aware that the Government has decided to set up a statutory Commission of Investigation into the recording of telephone calls in certain Garda stations and certain other matters. In this regard the Government has today agreed the terms of reference for the Commission which encompass the type of issues referred to by the Deputy. In the circumstances it would not be appropriate for me to make any further comment in relation to matters which will be addressed in the context of the Commission of Investigation.

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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445. To ask the Minister for Justice and Equality the number of section 41 letters he has received since March 2011; the number addressed to the Secretary General; and the number addressed to him. [16390/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Section 41 of the Garda Síochána Act 2005 requires the Garda Commissioner to keep the Minister and the Secretary General informed of a range of matter under four categories, namely, (i) significant developments concerning the preservation of peace and public order in the State, the protection of life and property in the State, and the protection of the security of the State; (ii) significant developments that might reasonably be expected to affect adversely public confidence in the Garda Síochána; (iii) matters relevant to the accountability of the Government to the Houses of the Oireachtas; and (iv) any other matters that, in the Commissioner's opinion, should be brought to the Minister's attention.

The purpose and effect of section 41, therefore, is to put in place a statutory framework for the provision of information by the Commissioner to the Secretary General and the Minister. A very wide range of information is provided by the Commissioner which would be covered by this section, ranging from updates on crime and security matters to the provision of material to enable the Minister to answer questions in Dáil Éireann (information of a type which in practice would have been previously provided before the enactment of section 41). In many, if not most, cases information which is supplied by the Commissioner, and which fall within the scope of section 41, might not be specifically expressed to be a communication under section 41. It is therefore not reasonably practicable to give details of the number of such communications.

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