I propose to take Questions Nos. 23 to 29, inclusive, 63, 81 to 83, inclusive, and 112 together.
It may be helpful to inform the House that in March 2011 my Department received a report from the Garda Commissioner in the light of media coverage and Parliamentary Questions to the then Minister on the alleged activities of the person to whom these questions primarily relate.
In relation to the general question of the possible presence of undercover officers from another jurisdiction, the then Garda Commissioner explained that the assistance of police officers from other jurisdictions is a recognised and necessary tactic in the special circumstances where external activists with a track record of violence and whose identities are unknown to local police seek to shape and control violent protest actions. He explained that agreement on such deployments would be made between the police forces involved as an operational matter and that An Garda Síochána would insist in relation to any such deployment that no criminal or agent provocateur activities would be allowed or undertaken. Any such officer so deployed would be focussed on reporting on the actions and intentions of external activists rather than domestic protestors. He indicated that the use of such deployments can be crucial to the prevention of wide-scale public disorder, destruction of property and violence.
The then Commissioner's report also stated that the capacity of An Garda Síochána to enter into such arrangements was vital in the interests of national security. The maintenance of confidentiality was an essential feature of those arrangements and the Commissioner indicated his belief that, notwithstanding the public attention which had been given to the case of the person in question, that for An Garda Síochána to disclose whether the person in question acted as an under cover agent in the context which was outlined would impair the ability of An Garda Síochána to enter into such arrangements and to protect the security of the State. In the circumstances the report to my Department did not indicate whether the person in question had acted in such a capacity here.
These are entirely Garda operational matters and my Department would not be involved in any way in such arrangements.
In the circumstances which I have outlined I am not in a position to comment on matters relating to any specific deployments.
That report indicated that An Garda Síochána was aware of the presence of the person in question on a number of occasions between 2004 and 2006. They had established no evidence that while in this jurisdiction that the person in question was involved in criminal activities and indicated that any person coming forward in possession of such evidence could be assured that it would be pursued fully by An Garda Síochána.
There are a number of general points which it may be helpful to make, which I have made in previous replies to Parliamentary Questions (in the context of which I have been briefed on the general issues which arise in this regard). In particular, there is no question of a police officer from outside the jurisdiction exercising police powers here. Any such person is subject fully to our laws and any evidence of breach of our criminal law would be fully pursued. 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. It will be appreciated also that there are statutory mechanisms in place to deal with complaints about the conduct of members of An Garda Síochána.
I am aware that an Undercover Policing Inquiry was established by the UK Government in March, 2015 in order to inquire into and report on undercover police operations conducted by English and Welsh police forces in England and Wales. As Deputies will understand, the establishment of the inquiry and its terms of reference were and are matters solely for the UK authorities and, accordingly, I have not sought any information from them in relation to the matters subject of the inquiry. I am aware of reports that the German authorities have been in contact with the UK authorities in respect of the inquiry. However, the issue of my requesting the extension of a UK inquiry into matters which may relate to this jurisdiction does not arise. I can assure the House, however, that should anything emerge from the inquiry's findings that would be relevant to policing in this jurisdiction, I will consider it fully and take any action that may be required.
