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Garda Síochána Ombudsman Commission Investigations

Dáil Éireann Debate, Tuesday - 10 December 2013

Tuesday, 10 December 2013

Questions (84)

Thomas P. Broughan

Question:

84. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 129 of 13 November 2013, if he will amend legislative provisions in respect of the Garda Síochána Ombudsman Commission so that the Irish model would be similar to the model in place in Northern Ireland whereby a member of the Garda Síochána or a member of staff of the commission could not investigate a complaint against a member of An Garda Síochána in circumstances where the investigator had a conflict of interest. [52547/13]

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Written answers

As I informed the Deputy in my response to his Question of 13 November 2013, the Garda Síochána Ombudsman Commission requires the members of the Commission and all staff, on an annual basis, to submit a declaration in relation to any conflict of interest which may arise in the course of the performance of their functions or duties for inclusion in a Register of Interests. This declaration is separate from any declaration required under the provisions of Ethics in Public Office Act 1995. Where, during the course of the year covered by the declaration, a conflict of interest not previously declared arises, members and staff must submit a revised declaration which should include details of the interest. In this way the Garda Síochána Ombudsman Commission are in a position to act promptly in relation to any conflicts of interest which may arise.

The Protocols agreed and signed by the Chairperson of the Garda Ombudsman Commission and the Garda Commissioner on the 23rd September 2013 contain general principles governing the appointment of members of the Garda Síochána as Investigating Officers which are aimed at avoiding any conflict of interest which may prejudice the outcome of a case. It seems to me that there are sufficient safeguards in place to deal with situations where a conflict of interest may arise, but of course the legislative provisions relating to the Ombudsman Commission are kept under general review.

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