Mick Wallace (Wexford, Independent)
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65. To ask the Tánaiste and Minister for Justice and Equality the status of the complaint made on 8 May 2014 about Garda involvement in the heroin trade in Athlone; the status of the investigation into same; and if he will make a statement on the matter. [22697/18]

Charles Flanagan (Laois, Fine Gael)
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As the Deputy is aware, the Protected Disclosures Act was enacted in 2014 to allow employees to bring alleged wrongdoing to the attention of the appropriate authorities. The Act also affords very important protections to persons making protected disclosures and specifically included the GSOC as a designated body for receipt of protected disclosures. The protections afforded under the Act include protection from dismissal and other forms of penalisation and for the protection of the identity of persons making disclosures. I am sure that the Deputy appreciates that the protection of whistleblowers rightly prioritises the confidentiality of the process, which is central to the efficacy of that process.

A further point needs to be made. The protected disclosure that the Deputy refers to was not made to me as Minister. As I understand it, the protected disclosure was made directly to the Garda Síochána Ombudsman Commission (GSOC) by the member. This House is well aware of the independence of GSOC so I need not labour the issue except to say GSOC’s statutory independence prevents me from interfering in any matter that that body may or may not be investigating. That is the guarantee of GSOC's independence and the guarantee to persons making complaints that their complaints will be considered independently and free from outside interference.

I have full confidence in the role that GSOC plays in investigating complaints of wrongdoing in the Gardaí, including protected disclosures from members. Therefore, I urge members of this House to allow GSOC the time and space necessary to carry out its investigations. What may seem like a simple enough issue to the member, can conceal layers of complexity that emerge only when an investigation gets under way. Bear in mind that GSOC have a responsibility to persons making complaints as well as to those against whom allegations are made to carry out a full, complete and impartial investigation in order to arrive at the truth.

With regard to the specific member referred to in the Deputy's question, while there has been correspondence between my Department and the legal representatives of the Garda in question, the matters raised relate to workplace arrangements. There are matters raised in the correspondence that I, as Minister, cannot involve myself in but I have asked the Garda Commissioner for an up-to-date report.

I have to emphasise one point: I, as Minister, have no authority to direct the Garda Commissioner in matters concerning the control, operation and direction of An Garda Síochána. Nor can I interfere in any investigation undertaken, or being undertaken, by An Garda Síochána. Similarly, certain workplace issues which have also been raised in the correspondence are not matters in which I have authority to act, nor indeed would the Deputy wish me to have such authority. These are properly matters for the Garda Commissioner.

This may be difficult for the Deputy to accept but he and others in this House would be quick to point out the flaws in any system which would allow any Minister for Justice to interfere with the role of the Garda Commissioner or to seek to direct the Garda Commissioner how to handle workplace issues or investigations. The Garda Commissioner is entitled to have the powers and independence of that office respected. GSOC are entitled to the same respect.

I will await the outcome of any investigation that GSOC and An Garda Síochána are pursuing and give consideration to what emerges.

Finally, I want to remind the House that term of reference [p] of the Disclosures Tribunal covers complaints by members of the Gardaí who had made a protected disclosure prior to 16 February 2017 and who were, as a result, targeted or discredited with the knowledge or acquiescence of senior members of the Garda Síochána.