Dáil Éireann Debate, Tuesday - 8 April 2014
445. Deputy Niall Collins asked the Minister for Justice and Equality the number of section 41 letters he has received since March 2011; the number addressed to the Secretary General; and the number addressed to him. [16390/14]
View answerSection 41 of the Garda Síochána Act 2005 requires the Garda Commissioner to keep the Minister and the Secretary General informed of a range of matter under four categories, namely, (i) significant developments concerning the preservation of peace and public order in the State, the protection of life and property in the State, and the protection of the security of the State; (ii) significant developments that might reasonably be expected to affect adversely public confidence in the Garda Síochána; (iii) matters relevant to the accountability of the Government to the Houses of the Oireachtas; and (iv) any other matters that, in the Commissioner's opinion, should be brought to the Minister's attention.
The purpose and effect of section 41, therefore, is to put in place a statutory framework for the provision of information by the Commissioner to the Secretary General and the Minister. A very wide range of information is provided by the Commissioner which would be covered by this section, ranging from updates on crime and security matters to the provision of material to enable the Minister to answer questions in Dáil Éireann (information of a type which in practice would have been previously provided before the enactment of section 41). In many, if not most, cases information which is supplied by the Commissioner, and which fall within the scope of section 41, might not be specifically expressed to be a communication under section 41. It is therefore not reasonably practicable to give details of the number of such communications.
