Written answers

Tuesday, 10 November 2020

Department of Justice and Equality

Tribunals of Inquiry

Photo of Patrick CostelloPatrick Costello (Dublin South Central, Green Party)
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619. To ask the Tánaiste and Minister for Justice and Equality the status of the implementation of the recommendations of the 2013 Smithwick Report. [34950/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The Smithwick Tribunal made thematic recommendations regarding North-South police co-operation, Garda discipline and the investigation of historic crimes with a cross-border element.

Firstly it should be stated from the outset that there is close and ongoing co-operation between An Garda Síochána and the Police Service of Northern Ireland in respect of all aspects of policing. There is continuous cooperation between members of An Garda Síochána and their counterparts in the PSNI. In addition there are a number of structured and targeted co-operation mechanisms, as follows:

The Cross Border Policing Strategy aims to improve public safety throughout Ireland, and to disrupt criminal activity and enhance the policing capability of both police services on the island of Ireland. The Strategy was renewed in 2015 and covers an extensive range of policing activities.

The annual Cross Border Conference on Organised Crime further enhances cooperation between law enforcement agencies. Its aim is to enhance understanding and cooperation between law enforcement agencies on both sides of the border, particularly in relation to cross border organised criminality and related issues.

In November 2015, the British and Irish Governments and the Northern Ireland Executive agreed a series of measures in the Fresh Start agreement as part of a concerted and enhanced effort to tackle organised and cross jurisdictional crime. These measures included the creation of the Joint Agency Task Force. The Task Force is led by senior officers from An Garda Síochána, the Police Service of Northern Ireland, the Revenue Commissioners and UK (HM) Revenue and Customs. A number of other relevant bodies, including the National Crime Agency and the Criminal Assets Bureau are also involved in operational activity where appropriate.

There has been very considerable operational activity, with a variety of different operations undertaken since the establishment of the Task Force. The Task Force has had a number of significant successes in countering organised criminality on both sides of the border.

This close cooperation was further developed in November 2019, when An Garda Síochána and the PSNI established a Joint Investigation Team to address the attacks on Quinn Industrial Holdings and its management. This was the first ever Joint Investigation Team established involving An Garda Síochána. This is a significant step forward in cross border police cooperation and had been in preparation for some time.

This close cooperation has also been enhanced, as recommended by Judge Smithwick, via a number of personnel exchanges between the two police forces. Such exchanges are provided for in the Intergovernmental Agreement on Police Co-operation.

In terms of the recommendation to review vetting procedures, I am informed that An Garda Síochána is conducting a review of internal vetting procedures and an Internal Garda Vetting Unit will be established under the remit of the Garda Anti-Corruption Unit on the completion of this review, structured in accordance with international best practice.

With regard to the recommendation where a member of An Garda Síochána carries on business activities in his or her own time, the current Garda Síochána (Discipline) Regulations 2007, provide for the Garda Commissioner to prohibit certain spare time activities for members of An Garda Síochána. In addition, I understand that An Garda Síochána is developing policy and guidelines relating to the holding of business and secondary interests by the Garda workforce.

Finally, with regard to investigations, Commissions or Tribunals of Inquiry in relation to a historic crime with a cross–border element, the Criminal Justice (Mutual Assistance) Act 2008 as amended provides that assistance in relation criminal investigations or proceedings may be sought by one state from another, including cross-border investigations. The Criminal Justice (International Co-operation) Act 2019 provides that Coroners in Northern Ireland and Britain dealing with legacy cases can access testimony from An Garda Síochána where this is relevant to their inquests. It will also provide a structured mechanism to enhance co-operation with a number of bodies dealing with deaths related to the troubles, including the Historical Investigations Unit to be established in Northern Ireland and the Ireland-UK Independent Commission on Information Retrieval, both of which arise from the Stormont House Agreement.

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