Dáil Éireann Debate, Wednesday - 3 May 2017
123. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if An Garda Síochána has a policy in place regarding the way undercover gardaí conduct themselves, including in relation to having intimate relationships with persons as part of their undercover work. [21117/17]
View answer124. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if no identities of deceased persons have been used to create undercover identities for members of An Garda Síochána. [21118/17]
View answer125. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the identities of deceased persons being used to create undercover identities for members of police forces of other jurisdictions either in the past or currently. [21119/17]
View answer126. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she has inquired as to whether identities of deceased persons are being used to create undercover identities for police agents of other jurisdictions or members of An Garda Síochána. [21120/17]
View answer127. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the grounds on which infiltration of organisations that are not proscribed organisations by undercover officers that are either members of An Garda Síochána or another policing body is authorised here; and the persons or body that provides such authorisation. [21121/17]
View answer128. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if An Garda Síochána has benefited from information received from foreign undercover officers operating here. [21122/17]
View answer129. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if there is a protocol in place for the exchange of information between foreign police operatives undercover here and members of An Garda Síochána. [21123/17]
View answer130. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she has discussed with the Garda Commissioner undercover deployments of foreign police operatives here. [21124/17]
View answer131. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she has inquired as to the level of intrusion allowed into the lives of persons under surveillance by undercover agents; and if she will make a statement on the matter. [21125/17]
View answer132. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she has received reports regarding the work of undercover Garda operations; if so, the number of these reports; the dates they were received; and if she will make a statement on the matter. [21126/17]
View answer133. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she has received reports regarding the work of undercover police agents operating here; if so, the number of these reports; the dates they were received; and if she will make a statement on the matter. [21127/17]
View answerI propose to take Questions Nos. 123 to 133, inclusive, together.
The Questions which the Deputy has asked relate very largely to operational policing matters. The policing powers and duties of members of An Garda Síochána are set out in the Garda Síochána Acts 2005-2015, including that the direction and control of An Garda Síochána are matters for the Garda Commissioner. Those Acts set out also the mechanisms for oversight of policing services by the Policing Authority and for the investigation of complaints about Garda conduct by the Garda Síochána Ombudsman Commission. Members of An Garda Síochána are subject not just to the provisions of the Garda Síochána Acts but to the law generally and also to the Garda codes and regulations in carrying out their duties, including the Code of Ethics published by the Policing Authority in January.
The Deputy will appreciate, therefore, that neither I nor my Department would be directly involved in arrangements for or the conduct of day-to-day policing activities, including the conduct of intelligence-gathering operations, whether overt or undercover. I am sure the Deputy will agree that this separation of responsibilities is as it should be. Therefore, neither I nor my Department would be in possession of the reports of undercover police work.
It is also the case that certain covert surveillance activities are governed by the provisions of the Criminal Justice (Surveillance) Act 2009.
As the Deputy will be aware, allegations regarding an undercover police officer in this jurisdiction were 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.
The Deputy will understand that intelligence-gathering and sharing are fundamental and routine functions for any police service in combatting crime and security threats and in seeking to ensure public safety. I am advised by the Garda Authorities that An Garda Síochána co-operates with external police services on intelligence-related matters as circumstances dictate. Any arrangements that may be made are subject to operational requirements and must, of course, in all circumstances operate in accordance with the law. There could be no question of any person being permitted to engage in criminal activities here in any circumstances. Neither, indeed, is there any question of a police officer from outside the jurisdiction exercising police powers here.
The fact 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 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. It operates independently and in accordance with its functions set out under the Garda Síochána Acts 2005-2015.
