Clare Daly (Dublin Fingal, Independent)
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63. To ask the Minister for Justice and Equality her plans to strengthen the Garda Síochána Ombudsman Commission's ability to deal with complaints against gardaí, particularly the problems being experienced in their dealing with protected disclosures; the difficulties being experienced in having claims effectively investigated; and the rights of the whistleblowing gardaí protected during the process. [27371/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Garda Síochána Ombudsman Commission (GSOC) has a hugely important role in ensuring that public confidence in the Garda Síochána is safeguarded, and has extensive powers under the 2005 Act to enable it to carry out its responsibilities.

GSOC has been operating now for 10 years and in that time its role has been expanded by, for example, bringing complaints against the Garda Commissioner within its remit and making it the body to whom Gardaí can make Protected Disclosures.

Prior to the Protected Disclosures Act 2014 coming into operation, whistleblowing by members of the Garda Síochána was provided for under the Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007. Those Regulations were revoked by the 2014 Act and an entirely new system was put in place.

The 2014 Act 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, GSOC is now the prescribed body authorised to receive protected disclosures on Garda matters. 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.

I am aware of the comments made by the Chairperson of GSOC at the Justice and Equality Committee on 21 September, 2016. I am of course pleased that the Committee has had the opportunity to hear from the Chairperson and her views on how matters might be improved. Judge Mary Ellen Ring has been in place for a year now and she has made a significant contribution to ensuring confidence in its oversight role.

There are undoubtedly matters which can be examined with a view to improvement. I am aware of the Chairperson's general views on the legislation which governs the manner in which GSOC operates and my Department will be studying in detail the remarks she made to the Committee. In that regard, it is the case that the relevant legislation is under review in the Department in the light of its operation and views which have been expressed by GSOC to the Department in recent discussions. Following that review I will consider specific proposals for change in this area.

I should mention that GSOC's budget for 2016 is €9.546 million, which represents an increase of some €500,000 on the 2015 amount. Resources and funding will be kept under continuing review to ensure that GSOC is enabled to continue to operate effectively and efficiently and in accordance with its statutory remit and there will be ongoing consultation between the Department and GSOC on this matter.