Written answers

Tuesday, 1 April 2025

Department of Justice and Equality

An Garda Síochána

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal, Sinn Fein)
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547. To ask the Tánaiste and Minister for Justice and Equality if he will seek an update from the Garda Commissioner on the status of the plan to build a new garda station at Carndonagh, County Donegal. [15330/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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The Garda Commissioner is by law responsible for the management of An Garda Síochána, including the addition of new facilities to the Garda estate. Works on the Garda estate are carried out in close cooperation between the Office of Public Works (OPW) and Garda management.

Under the National Development Plan, the Government is committed to investing significant levels of capital funding into An Garda Síochána to deliver a Garda station modernisation and refurbishment programme; to delivering strategic ICT and digitalisation projects; and to providing a modern, fit for purpose Garda fleet.

A new station for Carndonagh is on the Garda Capital Programme. Work is underway between An Garda Síochána and the OPW to identify a suitable site.

Photo of Alan KellyAlan Kelly (Tipperary North, Labour)
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548. To ask the Tánaiste and Minister for Justice and Equality whether he or his Department are aware of the any situations in the State, outside of criminal law enforcement by An Garda Siochana, that journalists or public representatives or members of civic society are in any way being targeted with the use of spyware technologies (details supplied). [15344/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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The Deputy will appreciate that for security and operational reasons, it is not the practice to comment on the specific means that may be used by State agencies in exercising statutory covert powers.

Interception is governed by the Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993 under which the Minister for Justice may authorise bodies designated under the Act to intercept communications but only for the purposes of investigating serious crime or safeguarding the security of the State, subject to a number of strict conditions. Under section 6 of the Act, an application for authorisation of interception may be made to the Minister for Justice by the Garda Commissioner, the Chairperson of the Garda Síochána Ombudsman Commission or the Chief of Staff of the Defence Forces.

Surveillance is governed by the Criminal Justice (Surveillance) Act 2009 under which a District Court judge may authorise bodies designated under the Act to carry out surveillance for the purposes of the investigation and prevention of arrestable offences and maintaining the security of the State. These bodies are An Garda Síochána, the Garda Síochána Ombudsman Commission, the Defence Forces, the Revenue Commissioners and the Competition and Consumer Protection Commission. Section 7 of the Act provides that a member or officer of a body designated under the Act may carry out surveillance without an authorisation in cases of urgency and subject to strict conditions. Section 8 of the Act provides for the use of a tracking device where approved by a superior officer of a designated body, and subject to strict conditions.

The operation of both Acts is overseen independently by serving Judges of the High Court who are designated by the Government for this purpose and report to the Taoiseach. In carrying out their functions, the Designated Judges have, by law, full access to all persons and records they consider relevant and all relevant persons have, by law, a duty to co-operate.

Following his appointment, pursuant to the Policing, Security and Community Safety Act 2024, the Independent Examiner of Security Legislation will assume the existing oversight roles carried out by the designated judges relating to the operation of both Acts and also the Communications (Retention of Data) Act 2011. On 25 March 2025, the Government appointed 2 April 2025 as the establishment day of the Office of the Independent Examiner of Security Legislation. The former President of the Court of Appeal, Mr. Justice George Birmingham will then formally take up his post as the first Independent Examiner.

In addition there is a Complaints Referee who can receive and investigate complaints. In carrying out his functions, the Referee has by law full access to people and records he considers relevant to his investigations and any such person has a duty to cooperate with him or her.

The Deputy may also be aware that Ireland signed up to the Joint Statement on Efforts to Counter the Proliferation and Misuse of Commercial Spyware in advance of the third Summit for Democracy in the Republic of Korea held in March 2024. Upon joining, the Department of Foreign Affairs issued a national statement which made clear Ireland’s commitment to curbing the proliferation of commercial spyware that has been, or risks being, misused by authoritarian regimes and in democracies. This statement also recognised that these technologies can play a legitimate and important role in supporting the work of law enforcement agencies and security services when they are used in a manner that is consistent with respect for human rights, the rule of law and democratic principles.

Photo of Noel McCarthyNoel McCarthy (Cork East, Fine Gael)
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549. To ask the Tánaiste and Minister for Justice and Equality to outline the process for the re-admission of former Garda personnel back into An Garda Síochána; the current timescales for re-admittance to the service; the efforts being made by his Department to improve processing times for such applications; the number of such applications received and approved in each respective year from 2020 to 2024; and if he will make a statement on the matter. [15355/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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Regulation 10 of the Garda Admissions and Appointment Regulations 2013 provides that the Commissioner may, with the consent of the Minister, appoint and enrol any person as a member without regards to the requirements of the regulations if that person has at any previous time served as a member of An Garda Síochána.

I am advised by the Commissioner that the application for re-admission should be made in writing and is processed through the Appointments Office under the remit of the Executive Director of Human Resources & People Development.

When considering an application for reappointment to An Garda Síochána, it is solely a matter for the Garda Commissioner to consider each application on its individual merits and criteria before recommending reappointment to the Minister.

All persons approved for re-admission are required to undergo vetting and medical clearance before they are re-attested to the organisation.

I am advised by the Commissioner that the re-admission process can take some time to complete, and that applicants for re-admission should contact the Garda appointments office directly if they have any queries in relation to their application.

I can advise the Deputy that the Department has processed the following number of applications for approval since 2022, the earliest date information is available for:

2022 – 5

2023 – 3

2024 – 12

The Department is currently processing four applications received in 2025 and will continue to process any applications received throughout the year. It should be noted this does not reflect the total number of applications that may be made to the Commissioner, rather those who have been recommended and approved for reappointment under section 10 of the 2013 Admission and Appointment Regulations.

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