Written answers

Thursday, 20 June 2024

Department of Justice and Equality

An Garda Síochána

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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170. To ask the Tánaiste and Minister for Justice and Equality the date on which her attention was drawn to alleged accessing of certain phone records by An Garda Síochána Ombudsman Commission. [26603/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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As the Deputy is aware, the Garda Síochána Ombudsman Commission (GSOC) is an independent statutory body established in 2007 under the Garda Síochána Act 2005. Its primary role is to provide independent investigation of complaints against members of An Garda Síochána and, as required, to undertake other investigations relating to the conduct of Garda members.

This is vitally important work to uphold public confidence in An Garda Síochána and, rightly, GSOC is completely independent in the exercise of its functions. The Oireachtas legislated to ensure this independence, and to protect the organisation from any political interference in the investigations they must conduct without fear or favour. That independence is further strengthened by the establishment this autumn of Fiosrú under the Policing, Security and Community Safety Act 2024. As Minister, I have no role in GSOC investigations, nor can I direct how GSOC officers exercise their functions in which they are of course subject to the law at all times.

Insofar as the recent media reports are concerned, no complaints have been made to me. However, former Chief Justice Murray was appointed by my predecessor Minister Fitzgerald to consider, inter alia, the issue of the accessing of data relating to journalists telephone records and his report and subsequent judgments from the European Court of Justice informed the drafting of the Communications (Retention of Data) (Amendment) Act 2022.

I can assure the Deputy that GSOC, like other bodies permitted to access telecommunications data in certain limited circumstances, are required to exercise their powers in accordance with the law. GSOC, which is chaired by a former judge of the High Court, has advised me and indeed has stated publicly that it operates at all times in accordance with the law in all of its operations.

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