Clare Daly (Dublin North, United Left)
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100. To ask the Minister for Justice and Equality if she will provide an update on progress with regard to the implementation of the recommendations of the Garda Síochána Ombudsman Commission report following the investigation into the handling of a case (details supplied), with particular reference to the recommendation that criminal proceedings be initiated against named gardaí. [43791/14]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The first thing I want to emphasise is that I as Minister for Justice and Equality have no role in relation to prosecutions or decisions whether or not to initiate a prosecution.

In May 2013, the Garda Síochana Ombudsman Commission (GSOC) made a Report to my predecessor 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.

In its letter accompanying the report GSOC stated that a file relating to its public interest investigation was sent to the Director of Public Prosecutions. Having considered the file the DPP advised that the file did not warrant prosecution of any individual. Thereafter GSOC considered and decided against launching any investigation of matters which may constitute indiscipline.

The Report by GSOC also contained 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 my predecessor sought the observations of the Garda Commissioner on the Report and its recommendations. In response, the Garda Commissioner pointed that following the putting in place of a code of practice for the management of Covert Human Intelligence Sources many of the recommendations made by GSOC were already incorporated into Garda procedures. The Commissioner also emphasised that informants are clearly instructed that they may not commit crimes or act as agents provocateur.

I should emphasise that there has been, since 2010, an independent, external oversight mechanism in place to ensure compliance with the code of practice. The current holder of this appointment is Mr Justice Thomas Smyth, former judge of the High Court. Mr Justice Smyth's report for 2012 has been published and I am currently making arrangements to publish his reports for 2013 and 2014. I am pleased to note that the Judge has indicated that he received full cooperation from relevant members of An Garda Siochana in compiling his report and he records substantial compliance with the code of practice by An Garda Siochana.

I should mention that the recent Inspectorate report makes a number of recommendations in relation to the handling of information and these will be addressed.

A Memorandum of Understanding, Protocols and Agreement on Operational Matters, agreed by the Commissioner of An Garda Síochána and the Garda Síochána Ombudsman Commission (GSOC) has been in place between An Garda Síochána and GSOC since the establishment of the Garda Síochána Ombudsman Commission in 2007. However, a new Memorandum of Understanding, Protocols and Agreement on Operational Matters has been agreed between An Garda Síochána and GSOC and was signed by the Commissioner of An Garda Síochána and the Garda Síochána Ombudsman Commission on 23rd September, 2013. The Memorandum of Understanding agrees protocols for operational matters between An Garda Síochána and GSOC, including the provision of information to GSOC by An Garda Síochána.

There is continued ongoing co-operation between An Garda Síochána and GSOC to address any issues that arise during the course of an investigation. A working relationship is maintained between the two organisations with regular formal and informal meetings between senior management representatives. In addition, the Garda Commissioner has established a dedicated office (GSOC Liaison Office) to process and monitor all such requests and ensure that all correspondence with GSOC is attended to in a timely manner.

In the context of Garda oversight generally, the Deputy will be aware that I recently introduced the Garda Síochána (Amendment) (No. 3) Bill 2014. The main purpose of the Bill is to amend the Garda Síochána Act 2005 to expand the remit and powers of the Garda Síochána Ombudsman Commission (GSOC). The Bill will bring the Garda Commissioner within the remit of GSOC for the first time. It will also ensure that An Garda Síochána provides information sought by GSOC for an investigation as soon as practicable.