Dáil Éireann Debate, Tuesday - 10 December 2013
80. Deputy Mick Wallace asked the Minister for Justice and Equality if he is satisfied with the official response, action and protocol introduced by the Garda Commissioner in respect of the section 80(5) report of the Garda Síochána Ombudsman Commission earlier this year; and if he will make a statement on the matter. [52665/13]
View answerThe Report to which the Deputy refers raised issues relating to the management and use of Covert Human Intelligence Sources and more generally cooperation between the Garda Commissioner and the Garda Ombudsman Commission. I sought the observations of the Garda Commissioner on the report and its recommendations. The Garda Commissioner's observations pointed out the many changes which had been made to the system for the management and use of Garda Covert Human Intelligence Sources in recent years. These changes had been put in place following the report of the Morris Tribunal. As such, many of the recommendations were already incorporated into Garda procedures, including improved training for Gardaí, the development of an electronic system for maintaining records, placing emphasis on the necessity for Gardaí to comply with professional standards, and strict procedures for handling and disseminating intelligence as well as coordination between specialist units. The Commissioner also emphasised that informants are clearly instructed that they may not commit crimes or act as agents provocateur.
With regard to oversight, the Commissioner pointed out that, under the Garda Code of Practice for the management and use of Covert Human Intelligence Sources, robust internal auditing has been put in place together with independent external oversight by a retired Judge of the High Court. Following the receipt of the Ombudsman Commission's report I published the most recent such report by the Judge and gave a commitment to publish future reports. More generally, and as I have previously advised this House, I convened a meeting with the Garda Commissioner and the Chairperson of the Garda Síochána Ombudsman Commission on 23 July last to discuss the need for enhanced co-operation between the organisations to ensure the effective and efficient investigation of allegations of Garda misconduct.
Both the Commissioner and the Chairperson agreed on the need for the highest possible level of co-operation between the two organisations. Revised protocols were agreed and signed by the Chairperson of the Garda Ombudsman Commission and the Garda Commissioner on the 23rd September 2013. These revised protocols put in place clear procedures for the timely sharing of information, including sensitive information and access to Pulse, and more generally for enhanced co-operation. I also previously informed the House that I have established a committee chaired by a senior official of my Department, with senior representatives from the Ombudsman Commission and the Garda Síochána, to act as a forum where any future emerging issues concerning the protocols can be identified and appropriately addressed.
