Dáil Éireann Debate, Wednesday - 3 May 2017
120. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the position regarding the internal review within An Garda Síochána into the organisation's knowledge of a person's (details supplied) movements and activities here between 2004 and 2006 following an earlier review completed in 2011. [21114/17]
View answer121. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she will establish a public inquiry into the operation and actions of undercover police officers from outside this jurisdiction, including establishing the persons that authorised these undercover operations here; if An Garda Síochána hold files on persons monitored by external police operatives; and when those monitored will be given access to those files. [21115/17]
View answer122. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her views on foreign police officers having deceptive intimate relationships with women here, in violation of their human rights and bodily integrity. [21116/17]
View answerI propose to take Questions Nos. 120 to 122, inclusive, together.
As the Deputy will be aware, allegations regarding an undercover police officer in this jurisdiction were first made public in 2011. A report was sought from the Garda Commissioner on the matter at that time and that report was provided to my predecessor in March 2011. The Commissioner's report noted that no evidence had been established that the person in question had been involved in any criminal activity while in this jurisdiction. That said, if any evidence of any criminal wrongdoing is available it should be brought to the Garda Authorities in order that it might be fully investigated.
As I have stated to the House previously, in the 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 an inquiry into undercover policing, I sought a fresh report from the Garda Commissioner on any issues arising. I will fully consider this report when it is available, including the issue of whether it may be suitable for publication. In that context there are no plans to establish a further form of inquiry at this time.
I am advised by the Garda Authorities that An Garda Síochána co-operates with external police services on intelligence-related matters as circumstances dictate. This is, of course, to be expected given that intelligence gathering and sharing are fundamental duties of any police service. Any arrangements that may be made are subject to operational requirements; they are governed by strict protocols relating to conduct and confidentiality and must, of course, in all circumstances operate in accordance with the law. I would emphasise the point I have made previously that there can be no question of any person being permitted to engage in criminal activities here in any circumstances. Neither is there any question of a police officer from outside the jurisdiction exercising police powers here.
It is a function of An Garda Síochána to investigate crime and in the event that credible evidence is advanced to or uncovered by An Garda Síochána that a criminal offence has been committed the matter would be pursued fully in accordance with the law in the normal manner. Following any criminal investigation it would be a matter for the Director of Public Prosecutions to determine whether charges are warranted in any given case. The facts or consequences of behaviour that may be considered undesirable or of an intimate nature are not matters for criminal investigation by the Garda Authorities in circumstances where no criminal offence is disclosed.
The Deputy will understand also that the Garda Síochána Ombudsman Commission is the statutory mechanism in place to deal with complaints about the conduct of members of An Garda Síochána.
