Micheál Martin (Cork South Central, Fianna Fail)
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13. To ask the Taoiseach if he will report on the second Fennelly Commission report and when his Department received same. [18282/17]

Enda Kenny (Mayo, Fine Gael)
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I received the final report of the Fennelly Commission on 31 March 2017 and it was published on my Department's website on 6 April 2017.

The commission’s Final Report found that it is “reasonable to conclude, based on the evidence before it, that no widespread or systematic, indeed probably no significant, misuse of information derived from non-999 recordings took place”.

The commission also found no evidence of knowledge of the recording of non-999 telephone calls on the part of relevant Ministers for Justice, the Department of Justice, or other State agencies.

However, the Report made many findings of great concern to the Government, and I am sure to this House.

The commission found that recording and retaining non-999 calls was not authorised by common law or by statute, and that An Garda Síochána therefore infringed the Constitutional rights of those recorded.

The commission also made damning findings about the lack of effective oversight and procedures within An Garda Síochána over a lengthy period of time, and the failure to respond when some technicians and officers raised concerns and questions.

Taken together, the findings of the Fennelly Commission reinforce the Government’s determination to carry-out a fundamental review of the future of policing in Ireland.

In April, the Government approved draft terms of reference for a commission on the future of policing in Ireland and the Tánaiste is consulting with all Parties in this House before these are finalised.

This review will look at all functions carried out by An Garda Síochána, including community safety, state security and immigration.

It will also consider the full range of bodies that provide oversight and accountability for policing in Ireland.

It will take account of the changing nature of crime, society and public expectations; best practices in other countries; previous reports concerning policing in Ireland; and any specific challenges to delivering consistent reform in policing.

In addition to this comprehensive reform agenda, the Government has also agreed that the Tánaiste will:

- refer the Fennelly Report to the Policing Authority to oversee implementation of its recommendations in the context of its oversight of An Garda Síochána;

- examine the need for legislation in relation to the recording of calls and related matters, on foot of the recommendations of the Fennelly Commission, and

- refer matters in the report relating to the Bailey case to GSOC to consider whether they believe any further investigation is necessary against the background of the investigation they have been carrying out already into the case.