Garda Síochána Ombudsman Commission

Dáil Éireann Debate, Thursday - 27 February 2014

Thursday, 27 February 2014

Questions (39, 176, 218)

Mick Wallace

Question:

39. Deputy Mick Wallace asked the Minister for Justice and Equality the reason the terms of reference for the GSOC paper review do not request inquiries to be conducted to identify the source of the covert surveillance and do not allow for consideration of the role of the Garda Commissioner, rogue or retired gardaí, the Minister or the G2 intelligence branch of the Defence Forces; and the reason he chose to order a paper review with no statutory basis to be completed by a judge who has not been granted judicial powers. [9719/14]

Mick Wallace

Question:

176. Deputy Mick Wallace asked the Minister for Justice and Equality the reason Mr. Justice Cooke has not been granted judicial powers of compellability with regard to witnesses and the production and preservation of evidence and physical powers of entry and inspection; the reason terms of reference for the GSOC paper review do not request inquiries to be conducted to identify the source of any covert surveillance and do not allow for consideration of the role if any of the Garda Commissioner, rogue or retired gardaí, the Minister or the G2 intelligence branch of the Defence Forces; the reason he chose to order a paper review with no statutory basis; and if he will make a statement on the matter. [9750/14]

Micheál Martin

Question:

218. Deputy Micheál Martin asked the Minister for Justice and Equality the resources that will be made available to Mr. Justice Cooke in his review of the potential bugging of GSOC incident; if witnesses will be compelled to attend hearings and all documents legally obliged to be submitted; and if he will make a statement on the matter. [10294/14]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 39, 176 and 218 together.

On 18 February, 2014 I gave the Cabinet my assessment of the potential damage to both the Garda Síochána Ombudsman Commission and the Garda Síochána, and more widely to public confidence in the enforcement of law, from the ongoing controversy relating to reports of unlawful surveillance of GSOC. The manner in which this controversy had continued, and the new information I had received, led me to the view that it was in the public interest that measures be taken to ensure that the full truth is established beyond dispute. In the light of that, I and my Cabinet colleagues agreed to the appointment of a retired High Court Judge to inquire into all matters of relevance to the controversy.

The Government subsequently appointed retired High Court Judge John Cooke to conduct an independent Inquiry into the reports of unlawful surveillance of the GSOC. The Terms of Reference for the Inquiry were agreed by the Government, on the advice of the Attorney General, and are available on the Department of the Taoiseach's website (www.taoiseach.gov.ie). Judge Cooke has been asked to report on these matters within 8 weeks or as soon as may be thereafter.

Judge Cooke will be provided with any technical and secretarial assistance he requires, and I expect that all parties will co-operate fully with him.