Clare Daly (Dublin Fingal, Independent)
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126. To ask the Minister for Justice and Equality the recourse or complaints mechanism available to a person in circumstances where a foreign undercover police operative engaged that person in intimate relations while working undercover here but did not reveal their true identity or the fact that they were working undercover. [5719/17]

Clare Daly (Dublin Fingal, Independent)
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127. To ask the Minister for Justice and Equality the legal basis upon which foreign undercover police operatives may engage in covert recording or surveillance of persons here as part of an official police investigation under the aegis of a foreign police force. [5720/17]

Clare Daly (Dublin Fingal, Independent)
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128. To ask the Minister for Justice and Equality further to Parliamentary Question Nos. 23 to 29, 63, 81 to 83 and 112 of 16 September 2016, the standard operating procedure to be followed by gardaí in a circumstance in which allegations are made and evidence is presented to them that a foreign undercover police operative has engaged in agent provocateur activities here. [5721/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 126 to 128, inclusive, together.

In response to previous Questions relating to these matters I have set out the position in respect of a range of issues raised.

It is a function of An Garda Síochána to investigate crime and in the event that credible evidence is advanced to or uncovered by An Garda Síochána that a criminal offence has been committed the matter would be pursued fully in accordance with the law in the normal manner. Following any criminal investigation it would be a matter for the Director of Public Prosecutions to determine whether charges are warranted in any given case. The fact or consequences of behaviour that may be considered undesirable or of an intimate nature are not matters for criminal investigation by the Garda Authorities in circumstances where no offence is disclosed.

It will be appreciated also that there are statutory mechanisms in place to deal with complaints about the conduct of members of An Garda Síochána. The Deputy will understand that the remit of the Garda Síochána Ombudsman Commission in this regard extends to An Garda Síochána and it has no role in respect of police services in other jurisdictions.

I have also made clear previously that there is no question of a police officer from outside the jurisdiction exercising police powers here. That is to say, an officer from a police service other than An Garda Síochána cannot exercise the powers available to members of An Garda Síochána in respect of fulfilling the functions for which they have responsibility under the Garda Síochána Acts. The Criminal Justice (Surveillance) Act 2009 provides the legal basis for covert surveillance measures and it sets out in clear terms by whom, to whom and the parameters within which authorisations may be sought for conducting covert surveillance. The powers under the 2009 Act are available only to An Garda Síochána, the Defence Forces, the Revenue Commissioners and the Garda Síochána Ombudsman Commission.

The 2009 Act provides for a complaints procedure by which persons who believe that they may be the subject of an authorisation under the Act can bring a complaint to the Complaints Referee - a Judge of the Circuit Court - for investigation to establish whether there has been a contravention of the Act. The Complaints Referee is independent in the exercise of his functions.