Written answers

Wednesday, 22 June 2016

Department of Justice and Equality

Garda Síochána Ombudsman Commission Administration

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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36. To ask the Minister for Justice and Equality if the Garda Síochána Ombudsman Commission is adequately legally structured and supported to enable it to act in the role of confidential recipient for Garda Síochána whistleblowers; and if she will make a statement on the matter. [17106/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I am satisfied that the Garda Síochána Ombudsman Commission has the support it needs to carry out its important work, including in respect of its role in relation to protected disclosures. GSOC's budget for 2016 is €9.546 million, which represents an increase of some €500,000 on the 2015 amount. 2015 also saw an increase in the number of staff working for GSOC.

Members of An Garda Síochana who wish to make a protected disclosure may do so in accordance with the provisions of the Protected Disclosures Act 2014, which came into operation on 15 July 2014. The Act replaced the previous system of making disclosures to a Confidential Recipient. The 2014 Act put Gardaí in the same position, including receiving the same statutory protections, as others who wish to make a protected disclosure about alleged wrongdoing.

The Protected Disclosures Act 2014 was part of the then Government's comprehensive approach to enhancing the protections available to whistleblowers, including members of the Garda Síochána. Under the Act, members of the Garda Síochána may communicate their concerns to the Garda Commissioner, as their employer if they so choose, or they may make a disclosure to GSOC, which is a statutorily independent body, for investigation. Where a protected disclosure is made to GSOC the Act provides that GSOC may, if it appears to it desirable in the public interest to do so, investigate the disclosure. It is important to recognise the very significant fact that a member of the Gardaí who makes a disclosure in accordance with the Act is entitled to all the protections provided for whistleblowers in the Act. These protections include protection from having their identity revealed, protection from dismissal and protection from being penalised in their employment as a result of having made a protected disclosure.

The 2015 Annual report of the Garda Síochána Ombudsman Commission, which I will shortly be laying before the Houses, states that there were 4 protected disclosures made to GSOC in 2015. I am satisfied that GSOC is adequately resourced to deal with disclosures made under the 2014 Act. I am also satisfied that GSOC has the appropriate powers and experience to carry out its role in dealing with any protected disclosures made to them.

As the House will recall I published the report of the O'Higgins Commission of Investigation which had found serious failings in a number of Garda investigations in the Cavan/Monaghan Division. Arising from those findings, which were debated in this House, I signalled my intention to refer certain matters to the Policing Authority for their consideration. To that end, I wrote to the Policing Authority on 2 June, 2016 requesting that, in accordance with section 62O(6) of the Garda Síochána Act 2005 (as amended), they submit a report on the policies and procedures in place in An Garda Síochána to deal with whistleblowers/whistleblowing. I also asked that the Authority make any recommendations that they consider appropriate in order to ensure that the policies and procedures in place are appropriate and can provide assurance that whistleblowers can make complaints/allegations in a safe environment where those complaints/allegations are properly investigated. I look forward to receiving the Authority's report in due course.

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