Dáil Éireann Debate, Thursday - 4 May 2017
67. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the number of civilian staff and members of An Garda Síochána and the Garda Reserve who have faced disciplinary actions as a result of the misuse of the PULSE system and other Garda information systems in the past ten years; and if she will make a statement on the matter. [21202/17]
View answerDisciplinary matters within An Garda Síochána are the responsibility in the first instance of the Garda Commissioner. I have requested the specific information sought by the Deputy from the Commissioner and I will write to her on receipt of same.
The following deferred reply was received under Standing Order 42A.
At the time the then Minister responded that she would request information from the Garda Commissioner on the specific query raised and that she would write to the Deputy upon receipt of same.
As stated in the reply to the Parliamentary Question it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally disciplinary matters within An Garda Síochána and I, as Minister, have no direct role in the matter.
I have been advised by the Commissioner that all personnel of An Garda Síochána have been instructed that the inappropriate release of any data in the possession of An Garda Síochána is prohibited.
In relation to civilian staff of An Garda Síochána, the relevant discipline codes are Circular 14/2006: Civil Service Disciplinary Code revised in accordance with the Civil Service Regulation (Amendment) Act 2005 andCircular 19/2016 Civil Service Disciplinary Code which came into effect on 1st September 2016. Appendix II of this code lists examples of serious misconduct and one of the misconducts is “unauthorised entry/access tocomputer and/or other records/files.
Garda management has informed me that there have been three civilian staff members within An Garda Síochána who have faced disciplinary actions as a result of the misuse of the PULSE system and other Garda information systems in the past 10 years. I am advised that there is currently one disciplinary investigation ongoing in relation to the misuse of the PULSE system/other Garda information systems by a civilian staff member and one disciplinary investigation ongoing in relation to the misuse of a Garda information (email) system by a civilian staff member. The three civilian staff members within An Garda Síochána who previously faced disciplinary actions as a result of the misuse of the PULSE system and other Garda information systems in the past ten years were dealt with pursuant to Circular 14/2006: Civil Service Disciplinary Code revised in accordance with the Civil Service Regulation (Amendment) Act 2005. The two ongoing cases are being dealt with pursuant to Circular 19/2016 Civil Service Disciplinary Code.
In relation to members of An Garda Síochána, the mechanisms for addressing matters of discipline are regulated by the Garda Síochána (Discipline) Regulations 2007 as amended. The schedule to the regulations lists thirtyacts or conduct constituting breaches of discipline. There is no specific breach of discipline for the misuse of the PULSE system and other Garda information systems, instances of such nature may fall under the breach of“Neglect of Duty” or “Discreditable Conduct”, among others listed.
Also within the 2007 regulations, at Regulation 10 it is stated ‘Notwithstanding anything in these regulations, a member whose duties include the supervision of another member may deal informally with a minor breach of discipline by that other member, whether by advice, caution or warning, as the circumstances may require.’ The closing of minor breaches of discipline by the use of Regulation 10, which is cited as an informal process, is not recorded centrally by An Garda Síochána.
Set out below for your information is a table provided by an Garda Síochána setting out information on members of An Garda Síochána and/or Garda Reserves that have faced disciplinary actions as a result of the misuse ofthe PULSE system and other Garda information systems in the past ten years.
Information in respect of members of An Garda Síochána and/or Garda Reserves that have faced disciplinary actions as a result of the misuse of the PULSE system and other Garda information systems in the past ten years
|
Year |
Number of Gardaí/Reserve members who have faced Internal Disciplinary Actions |
Number of Members found in breach of Discipline following internal investigation |
Result other than Members being found in Breach of Discipline |
Number of Live Files |
|
2017 |
9 |
0 |
0 |
9 |
|
2016 |
5 |
1 |
0 |
4 |
|
2015 |
16 |
6 |
5 |
5 |
|
2014 |
26 |
17 |
7 |
2 |
|
2013 |
6 |
2 |
3 |
1 |
|
2012 |
2 |
2 |
0 |
0 |
|
2011 |
8 |
6 |
2 |
0 |
|
2010 |
3 |
3 |
0 |
0 |
|
2009 |
9 |
6 |
3 |
0 |
|
2008 |
6 |
4 |
2 |
0 |
|
2007 |
1 |
1 |
0 |
0 |
Notes The column referred to as “result other than members being found in breach of discipline” covers a variety of different outcomes such as the discipline matters being discontinued due to the member’s retirement or resignation, or the member being found not in breach. In some cases the internal discipline investigation is discontinued when the Garda Síochána Ombudsman Commission accept the complaint for which the discipline matter refers.
The high figures for 2014 can be explained by the involvement of fourteen members in one discipline case.
I hope this information is of assistance.
