Written answers

Tuesday, 7 November 2017

Department of Justice and Equality

Garda Operations

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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486. To ask the Tánaiste and Minister for Justice and Equality his plans for a full review of the covert human intelligence sources, CHIS, system. [45787/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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The Deputy will appreciate that there are clear and detailed guidelines governing the procedures and processes in relation to the use of Covert Human Intelligence Sources (CHIS) by An Garda Síochána. These are set out in a comprehensive Code of Practice. The appropriate mechanisms are in place ensure that these prescribed procedures are fully complied with.

I wish to inform the Deputy that the CHIS system is subject to both internal review on an ongoing basis by the Garda Authorities and to independent, external oversight on a routine basis.

The process of internal review involves periodic examination of the use of CHIS by a senior officer who is not involved in using the system and in respect of any related expenditure involves the Office of the Comptroller and Auditor General.

In 2010 a former Judge of the High Court, Mr. Justice T. C. Smyth, was appointed as Oversight Authority for CHIS and he has been tasked with monitoring the operation of the CHIS system to ensure that it is operated in accordance with the guidelines. He conducts an annual, detailed examination of the operation of the system on a country-wide basis and reports on his findings. He also conducts ad hoc examinations as circumstances may require. Mr. Justice Smyth reports to me on his examinations. I should emphasise, of course, that he is entirely independent in carrying out his functions.

The House will appreciate, therefore, that the CHIS system is kept under constant and active review.

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