Written answers

Thursday, 8 March 2018

Department of Justice and Equality

Garda Complaints Procedures

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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224. To ask the Tánaiste and Minister for Justice and Equality the status of a written complaint by a person (details supplied) relating to allegations of bullying and breach of legal and Garda procedures in the work place; if the same complaint dated 11 October 2016 was investigated; if the complaint made to his Department was investigated; and if he will make a statement on the matter. [11649/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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Firstly, I want to emphasise that the Garda Commissioner is responsible for the direction and control of the Garda Síochána. Workplace matters, including the investigation of complaints of bullying and harassment, are matters for the Garda Commissioner and, as Minister, I have no role.

Nevertheless, I can advise the Deputy that the person he is referring to submitted correspondence to my predecessor which cited the Protected Disclosures Act 2014. The Deputy will appreciate that in those circumstances I have certain obligations to the person arising from the provisions of the 2014 Act.

My Department applies certain procedures when dealing with correspondence which does or may contain a protected disclosure.

Firstly, the correspondence is assessed to determine whether it constitutes a Protected Disclosure under the Act. Second, consideration is given to what action is required by the Minister. The individual is then informed of what action is to be taken. All reasonable efforts are taken to keep the identity of the individual concerned confidential.

Actions taken can include: seeking a Garda report from the Garda Commissioner (having first confirmed that the individual is agreeable to that course of action); referring matters to GSOC under powers available to me as Minister under the Garda Síochána Act 2005; or referring matters to an external body or person for review.

In this particular case officials from my Department have written to this person on three occasions requesting their consent to refer the correspondence to the Garda Commissioner and to request a report on the allegations made in the correspondence. To date the person concerned has not responded.

While the 2014 Act contains provisions protecting the identity of a person making a protected disclosure it also permits the disclosure of the information, in this case by me as Minister, where it is necessary for the effective investigation of any alleged wrongdoing. On that basis my Department will bring the concerns raised by the person to the attention of the Acting Garda Commissioner asking for a report on the matters. When that report is received a decision can be made on what further action may be necessary.

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