Dáil Éireann Debate, Tuesday - 6 February 2018
53. Deputy Clare Daly asked the Minister for Justice and Equality the steps he has taken to review the supports available to Garda whistleblowers, particularly in view of GSOC's acknowledgement of its lack of resources in fulfilling this function; and if he will make a statement on the matter. [5652/18]
View answerThis question relates to the adequacies, or rather inadequacies, of GSOC with regard to its ability to deal with its function as the recipient of protected disclosures from Garda whistleblowers. This is a matter Deputy Wallace and I have raised on repeated instances, even at the time the legislation was brought forward. We are heartened by the fact GSOC now agrees with us and has itself issued a call to have its powers, resources and ability beefed up. Is the Minister concerned about these matters and what does he propose to do about them?
I am satisfied with the protection provided to persons who make protected disclosures in An Garda Síochána. Deputy Daly is aware the Protected Disclosures Act came into operation on 15 July 2014. A member of the Garda who makes a disclosure in accordance with the Act is entitled to all the protections provided for whistleblowers in the legislation. These protections include protection from having their identity revealed, protection from dismissal and protection from being penalised in their employment as a result of having made a protected disclosure. These supports are, therefore, available to any person in the Garda organisation who makes a protected disclosure. An Garda Síochána has signed up to Transparency International Ireland's integrity at work initiative, which will involve external validation of these processes.
Members of the Garda Síochána may communicate their concerns to the Garda Commissioner, as their employer if they so choose, or under the 2016 Act they may opt to make a disclosure directly to GSOC, which is a prescribed body for receiving protected disclosures. Where a protected disclosure is made to GSOC, the Act provides that GSOC may, if it appears to it desirable in the public interest to do so, investigate the disclosure. It is also open to a member of the Garda Síochána to make a protected disclosure to me as Minister, and I will consider it in the context of my Department's sectoral policy on protected disclosures.
GSOC has a very important role in ensuring that public confidence in the Garda Síochána is safeguarded, and it has extensive powers under the 2005 Act to enable it to carry out its responsibilities. I assure the Deputy that resources and funding are kept under continuing review to ensure that GSOC is enabled to continue to operate effectively and efficiently and in accordance with its statutory remit. In May 2017, sanction was given for an additional five staff to create a dedicated unit in GSOC to deal with protected disclosures. It must be borne in mind that there were, at that time, a relatively small number of disclosures on hand in GSOC. The sanction was provided on the clear understanding that GSOC would revert should the evolving situation indicate that greater resources were required. It is unfortunate that, eight months later, it would appear that GSOC has not yet succeeded in recruiting all the staff who were sanctioned. I am at one with the Deputy in my being keen to ensure there are available resources to allow GSOC conduct its statutory duties and obligations.
I am afraid the Minister and I are certainly not at one because he is satisfied and I am not, and I am not the only one who is not satisfied. GSOC itself is not satisfied and, more particularly, the Garda whistleblowers who have made protected disclosures to that organisation are not satisfied. There is a very real reason for this, which is that their legitimate complaints which were handled through GSOC were, first of all, delayed in terms of non-co-operation by Garda authorities in getting the information to GSOC to allow it to investigate it. When GSOC then recommended to Garda management that it would be involved in some of the disciplinary hearings on the outcome of some of those investigations, Garda management said "No", told it to butt out and said that it would not have anything to do with the investigation. Critically, when Garda officials turned around and said they had not completed their own internal report, GSOC could not publish its report, with the result that a Garda whistleblower in the Minister's constituency, where Garda involvement in the drug trade has been proven not just in Athlone, but also in Laois with the re-emergence over the past weekend of drugs which had been lost six years ago coming back into the station, is out sick and on the floor without any support whatsoever. All of these matters have supposedly been under investigation for four years.
Given GSOC's acknowledgement of its lack of resources in its efforts to fulfil its functions, will the Minister consider looking at some other areas where a shortage of resources has led to us not being able to hold certain companies to account?
I am referring to over €28 million paid to the information technology company Vantage. This may be in breach of public procurement guidelines in view of the fact that the principle contract with the company has not been advertised for tender since 2006. Will the Minister request the Comptroller and Auditor General to conduct a review of the company's role and its engagement with An Garda Síochána?
I assure the House that I, as Minister, want a robust and transparent system for dealing with issues as raised by people commonly known as whistleblowers. I also want GSOC to be working efficiently and effectively. I made funding available for a number of staff members. That was provided on the understanding that we would continue to engage. When the new staff are fully operational, a better assessment can be made as to what, if any, additional resources may be required in order to handle protected disclosures within GSOC.
I met representatives from GSOC. The issue of resources was discussed. I invited the Commission to brief my Department on what GSOC estimates are its staffing requirements in order to meet all contingencies. I assure Deputies Clare Daly and Wallace, who tabled questions on this matter, and the House that this will be considered once it is received.
The Minister can dress it up any way he likes but it has been established that there has been Garda involvement in the drugs trade in Athlone. It is a fact that no action has been taken against those responsible. It is a fact that the person who made the allegations is out sick and his senior manager has recently been promoted despite being at the centre of allegations of bullying and harassment. Those allegations have not been investigated. We have a mechanism which is not fit for purpose. Points put by Deputy Wallace were not included even on the agenda in terms of the €28 million. There is a huge deficit in the context of accountability with people inside An Garda Síochána putting their necks on the line and not getting support from the agencies in this State. Deputy Flanagan is the Minister. If GSOC is saying it, the whistleblower is saying it and people in this House are saying it, then a lot more needs to be done than is the case at present. I think the Minister should investigate and answer the questions that he refused to even table, such as those from Deputy Wallace that were disallowed.
The 2014 Act makes it perfectly clear that where a member of An Garda Síochána is subject to bullying and harassment as a result of disclosures, then that ill treatment can and will form part of the overall disclosure being made. I want to point out, yet again, that An Garda Síochána has published its protected disclosures policy. All Garda members and all civilians have been informed of this policy. In addition, the Garda Commissioner has appointed a protected disclosures manager who will be supported by a dedicated and properly trained team. The Garda Síochána continue to work with Transparency International Ireland and other external providers so that an environment is created to ensure that whistleblowers and people with complaints are protected and supported.
I wish to refer to the integrity at work pledge and the integrity at work membership agreement signed by the Garda Commissioner and Transparency International last autumn. All of this points to a significant change in the regime for members of An Garda Síochána making protected disclosures. I am satisfied that the legislative and administrative provisions now in place will prove to be an effective remedy for Garda members who wish to report their concerns regarding potential wrongdoings.
I am familiar with the individual in the specific case referred to by both Deputies. I am anxious to ensure that the various investigations and reports under way are brought to a conclusion at the earliest possible opportunity.
