Written answers

Wednesday, 15 April 2015

Department of Justice and Equality

Garda Operations

Photo of Billy TimminsBilly Timmins (Wicklow, Independent)
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354. To ask the Minister for Justice and Equality further to Parliamentary Question No.737 of 25 March 2014, if she will provide a reply; and if she will make a statement on the matter. [14267/15]

Photo of Billy TimminsBilly Timmins (Wicklow, Independent)
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410. To ask the Minister for Justice and Equality further to previous Parliamentary Questions, if An Garda Síochána holds individual files on Members of the Oireachtas; if so, the current location of these files; and if she will make a statement on the matter. [14937/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 354 and 410 together.

The Deputy will appreciate that it would not be the normal practice to comment on files maintained or held by An Garda Síochána in respect of any particular person or category of persons. However, I am assured by the Garda authorities that it is not the practice to create or maintain any records or files relating to Members of the Oireachtas that are conceived or designed to impinge upon or interfere with their legitimate functions as elected public representatives. It will be appreciated, of course, that it is to be expected that the Gardaí would maintain information or files relating to members of the public including Members of the Oireachtas in particular circumstances. In cases in which, for example, a Member of the Oireachtas was suspected of or charged with an offence, the Gardaí would, obviously, be obliged to create and maintain a file in that regard. For example also, where a Member of the Oireachtas brings a matter to the attention of the Gardaí or makes a report to the Gardaí which requires to be investigated, it would be entirely legitimate and, indeed, a legal requirement in some cases for the Gardaí to create and maintain a file in such circumstances.

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