Dáil Éireann Debate, Tuesday - 16 January 2018
537. Deputy Gerry Adams asked the Minister for Justice and Equality the number of investigations being undertaken by the Garda Síochána Ombudsman Commission; the number of investigations being undertaken with reference to the relevant sections of the Garda Síochána Act 2005; and if he will make a statement on the matter. [54937/17]
View answerThe Garda Síochána Act 2005 established Garda Síochána Ombudsman Commission - GSOC - to provide independent oversight of alleged misbehaviour by members of the Garda Síochána. The Act stipulates that the Ombudsman Commission is independent in the performance of its functions. This independence is the central feature of its oversight function and serves to maintain public confidence in its operation.
All allegations of criminal offences by Gardaí are investigated by GSOC's own investigators for which they have these full police powers. GSOC may refer other complaints to the Garda Commissioner for investigation under the Garda disciplinary code, and it may maintain oversight of progress in those investigations. GSOC has the authority to make recommendations to the Garda Commissioner concerning disciplinary proceedings, and also to send a file to the DPP where it feels that the conduct under investigation may constitute an offence.
I am advised by GSOC that as of 18 December 2017 there were 1035 active investigations being undertaken by GSOC. The following table shows where the complaints arise from and the relevant sections under which the investigation is proceeding.
|
Origin |
Section of the Act under which investigation is proceeding |
Number |
|
Complaints |
S90 |
32 |
|
|
S94 (1) |
514 |
|
|
S94(5) |
181 |
|
|
S95 |
61 |
|
|
S98 |
215 |
|
102 (1) Garda Commissioner |
S95 |
6 |
|
|
S98 |
7 |
|
102 (4) GSOC |
S95 |
5 |
|
|
S98 |
6 |
|
102 (5) Minister |
S95 |
3 |
|
|
S98 |
5 |
|
Total |
|
1035 |
Under the Protected Disclosures Act 2014 GSOC was prescribed as a body to receive protected disclosures on Garda matters. The above figures do not include investigations arising from Protected Disclosures made to GSOC.
GSOC have advised me that, at present they are unable to provide figures on the number of investigations being undertaken by them under the Protected Disclosures Act 2014. In a press release last June, GSOC stated that they had received 24 protected disclosures, however, every protected disclosure may not necessarily lead to an investigation.
They have indicated, however, that in accordance with the statutory reporting provisions in the Protected Disclosures Act, they will shortly publish these figures. They will also publish these figures in their 2017 Annual Report.
