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Garda Complaints Procedures

Dáil Éireann Debate, Thursday - 27 February 2014

Thursday, 27 February 2014

Questions (15, 201)

Bernard Durkan

Question:

15. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of internal complaints lodged within An Garda Síochána to the relevant and appropriate authorities or structure in each of the past ten years to date; the extent to which issues of a serious nature were identified in course thereof; the action taken by the relevant authorities on each occasion; and if he will make a statement on the matter. [9673/14]

View answer

Bernard Durkan

Question:

201. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the complaint procedure within An Garda Síochána has been exercised on an annual basis over the past ten years to date; and if he will make a statement on the matter. [10246/14]

View answer

Written answers

I propose to take Questions Nos. 15 and 201 together.

I understand that the Deputy's question is in respect of instances where complaints of corruption or malpractice were raised by whistleblowers within An Garda Síochána.

The Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007 provide for the appointment of an independent Confidential Recipient to whom members of the Force, and civilian support staff, can report, in confidence, instances where they believe there may be corruption or malpractice within the Garda Síochána. The first independent Confidential Recipient was appointed in March 2008.

Any member or civilian of the Garda Síochána wishing to make a confidential report is required to do so in good faith and for the purpose of exposing the alleged corruption or malpractice. The Confidential Recipient is required to transmit each confidential report to the Garda Commissioner (or to the Minister, if the report contains an allegation which relates to the Commissioner), who must investigate it and take any necessary action (unless it is believed that the allegations were not made in good faith or were false, frivolous or vexatious).

In transmitting a report to the Commissioner or Minister, the Confidential Recipient must protect the identity of the whistleblower, subject only to an exception, which is subject to stringent conditions, where knowledge of the whistleblower’s identity is essential for the proper investigation of the allegations. Any communication between the Confidential Recipient and the whistleblower is absolutely confidential.

Regulation 15(1) of the Confidential Reporting of Corruption or Malpractice Regulations 2007 requires the Garda Commissioner to report to me not later than four months after the end of each year in relation to any confidential reports made during that year. I am circulating with this reply the number of confidential reports made during the years since the procedure was first introduced. I do not have available to me statistics in respect of internal complaints within An Garda Siochana prior to that.

Mr Oliver Connolly was appointed to the post of Confidential Recipient on 18 July 2011 for a three year period. As the Deputy is aware, recent events had undermined the office of the Confidential Recipient and Mr Connolly was relieved of his position on 19 February 2014.

I have publicly said that I do not believe the office of Confidential Recipient and the legislation applicable to it is fulfilling the objective for which it was established. I have stated my intention to abolish the office and to enable members of An Garda Síochána who allege misconduct within the Force to have their complaints considered and addressed by the Garda Síochána Ombudsman Commission. The Cabinet has agreed that an appropriate amendment to the Protected Disclosures Bill 2013 should be prepared to enable the Garda Síochána Ombudsman Commission to be prescribed under that Bill as a body to which disclosures may be made by members of the Garda Síochána.

Interim arrangements will be made to fill the Post of Confidential Recipient by the appointment of a retired judge. Every effort will be made to expedite the necessary consultation process so that the appointment can be made as soon as possible.

Garda Commissioner reports on confidential reports 2008 through to 2013.

Year No of Reports

2008 2

2009 4

2010 2

2011 1

2012 3

2013 1

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