Written answers

Tuesday, 23 January 2018

Department of Justice and Equality

Tribunals of Inquiry Data

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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246. To ask the Tánaiste and Minister for Justice and Equality the number of staff serving on the unit within An Garda Síochána known as the Charleton liaison unit; and if he will make a statement on the matter. [2807/18]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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247. To ask the Tánaiste and Minister for Justice and Equality the number of staff serving on the unit within An Garda Síochána known as the Charleton liaison unit that are retired members of the force; and if he will make a statement on the matter. [2808/18]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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248. To ask the Tánaiste and Minister for Justice and Equality the number of staff serving on the unit within An Garda Síochána known as the Charleton liaison unit that were appointed to the position by a person (details supplied); and if he will make a statement on the matter. [2806/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I propose to take Questions Nos. 246 to 248, inclusive, together.

As the Deputy will be aware, it is the Garda Commissioner who has statutory responsibility to carry on and manage and control generally the administration and business of An Garda Síochána. Accordingly, the putting in place of the internal structures to service the Disclosures Tribunal referred to was a matter for the Commissioner without a direct role for the Minister. I am advised that it would be proper for me as Minister to prescribe the approach which is taken by An Garda Síochána towards the Tribunal.

On a general note I would reiterate that the Government has been anxious to ensure that the Tribunal receives the greatest degree of assistance possible from all parties, not least An Garda Síochána. To that end the Government has sought to ensure that the required resources are at the disposal of An Garda Síochána to service the Tribunal in a timely and effective manner.

I am advised that the Disclosure Tribunal Co-ordination Office is currently staffed by two fulltime members of An Garda Síochána, one appointed by the former Garda Commissioner and one by the current Acting Commissioner. There are also a number of additional personnel facilitating the work of the coordination office on an ad hoc basis as requirements dictate. Liaison persons have been nominated from relevant sections/regions to deal with specific requests from the Tribunal. I am further advised that the Disclosures Tribunal Coordination Office will assist any member of An Garda Síochána, serving and retired, irrespective of rank in relation to the Disclosures Tribunal.  

Early last year the former Commissioner identified a need for the re-engagement of a small number of retired persons to meet the needs of the Tribunal and my Department approved this in February, subject to formal sanction, which was conveyed by the Department of Public Expenditure and Reform on 5 May. The Tribunal commenced its work in February.

The formal sanction provided for the engagement of three persons (i.e. two retired members of An Garda Síochána and one civilian) for up to nine months for the purposes of servicing the Tribunal. I am advised that the services of two retired senior members of An Garda Síochána (one retired Assistant Commissioner and one retired Chief Superintendent) were engaged initially for a period of six months and then for a further period of three months to 30 November 2017 in accordance with the formal sanction. I understand that both former officers concerned have now left their posts in compliance with the sanction. There are no retired members currently employed with the Disclosure Tribunal Co-ordination Office.

For completeness I would remind the Deputy that the Commissioner made a report to me under section 41(1) of the Garda Síochána Act 2005 on 27 November last. The report forwarded a document that detailed concerns in relation to the operation of the Tribunal Co-ordination Office.

This matter is something I treat with the utmost seriousness and in that regard I instructed that the contents of the report be referred to the Tribunal. That was done on 29 November last. The report was also referred to the Office of the Attorney General in order to seek advice in relation to the matters contained in the document and the appropriate course of action.

I wrote to the Commissioner and requested a report under section 41(2) of the 2005 Garda Act 2005 addressing all of the issues raised in the document in so far as it relates to An Garda Síochána and the Commissioner's responsibilities. In late December, the Commissioner's interim response was forwarded to my Department. This response does not articulate any concerns in relation to the establishment, staffing or operation of the Disclosures Tribunal Liaison Office. I have however, sought further detail from the Commissioner to allow my Department to assess, independently, the material points contained in document in relation to matters within the responsibility of An Garda Síochána.

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