Dáil Éireann Debate, Thursday - 16 February 2017
8. Deputy Paul Murphy asked the Tánaiste and Minister for Justice and Equality if she will publish the report into the activities of an undercover British police officer (details supplied) received by her Department from the Garda Commissioner in 2011; if she will publish the report currently being compiled on that issue; and if she will make a statement on the matter. [7625/17]
View answerWill the Minister publish the 2011 report of the Garda Commissioner, to which she has previously referred? Will she publish the report which is currently being compiled on the issue? Will the current report examine all 116 undercover operators and agents identified through the process in Britain, to see which ones operated in Ireland and which may have violated human rights here?
The Commissioner’s report explained that the assistance of police officers from other jurisdictions in intelligence gathering may be a necessary tactic in the circumstances where external activists whose identities are unknown to local police seek to engage in certain activities that need to be investigated.
The report also stated that the capacity of An Garda Síochána to enter into such arrangements was vital in the interests of national security and that the maintenance of confidentiality was an essential feature of any such arrangements. The clear view of the Garda authorities is that to disclose the details of any particular intelligence co-operation would impair the ability of An Garda Síochána to enter into such arrangements. I must, of course, have due regard to the views of the Garda Commissioner in respect of these operational policing matters.
In light of developments which have taken place outside this jurisdiction since these matters first came to light, including the establishment by the UK Government of the Pitchford inquiry, I have requested a fresh report from the Garda Commissioner on any issues arising. I have been informed by the Garda authorities that they have met at a senior level with their counterparts in the London Metropolitan Police Service in respect of this issue and will remain in ongoing contact with them.
I will fully consider this report when it is available, including the issue of whether it may be suitable for publication. We have to think of the context of intelligence gathering and security and it may not be feasible to publish it.
This is a question of human rights and the right to privacy. The Minister seems to be suggesting that it is okay for undercover police agents to come here and be involved in police protest, even though this guy brought over the protestors with whom he was protesting. Sarah Hampton, one of the victims-----
The Deputy is wandering off again.
I am not wandering off at all.
I am warning the Deputy.
She writes, "I find it shocking that via my solicitor ... I have informed the Minister of Justice about such issues via legal letters dated 17 May 2016 and again on 20 December 2016, yet to date I have received no reply although both letters were even reported in the media." Why has the Minister not replied to Sarah Hampton on the various concerns she has raised?
I have brought to the attention of the Deputy about three times-----
What precisely is the rule in this case?
If the Deputy tries that once more I am moving on.
It is the most arbitrary and unfair-----
It is unfair that the Deputy is not in a court, because that is the place to do such a thing. Naming people in the House is out of order and he knows that.
People are named all the time.
The Deputy does it all the time but he will not do it today.
The Deputy has spoken about a rape allegation by a particular person, whom he has named. I cannot and will not start discussing individual cases. Where information is brought to my attention about operational matters relating to a crime, I will ensure it is passed to the relevant people, as I have done, for proper investigation and follow-up.
We cannot hide behind the bluster of the Acting Chairman. She says:
I have many unanswered questions regarding Ireland. I want to know if Irish authorities knew what [the man in question] was doing, and I want details about his operations in Ireland.
That is reasonable, considering his experience. She also asks:
- Did you allow him to develop intimate relationships with women in your jurisdiction?
- Was he operating with the full permission of the Irish authorities?
- Do you have police files on me?
- To what extent has my right to privacy been invaded by the Irish authorities?
These are questions for the Minister for Justice and Equality but the Minister has refused to respond to her letters. I am not sure what the Minister is suggesting she should do. Has the Minister raised the case with her counterpart? She replied to a question earlier to the effect that she had met with the Home Secretary, Amber Rudd, in the past week and she would seem to me to be the appropriate person to meet. I do not understand why it was being raised with the Secretary of State for Northern Ireland, James Brokenshire. Will the Minister answer the letters Ms Hampton has written to her, including legal letters?
If the Deputy wishes to correspond with me directly on these points, I will be happy to come back to him on them.
