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Human Rights

Dáil Éireann Debate, Wednesday - 10 May 2017

Wednesday, 10 May 2017

Ceisteanna (96, 97)

Eoin Ó Broin

Ceist:

96. Deputy Eoin Ó Broin asked the Tánaiste and Minister for Justice and Equality if the State is a party to the European Co-operation Group on Undercover Activities; and if so, the way it is ensured that the activities of this group are in compliance with articles of the European Convention on Human Rights (details supplied). [22313/17]

Amharc ar fhreagra

Eoin Ó Broin

Ceist:

97. Deputy Eoin Ó Broin asked the Tánaiste and Minister for Justice and Equality if the operations of a person (details supplied) were sanctioned by Ireland under the European Co-operation Group on Undercover Activities. [22314/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 96 and 97 together.

As the European co-operation group to which the Deputy refers is an informal mechanism for police co-operation it is not an international arrangement by its very nature to which the State could be a party. Any involvement in a mechanism such as that would be an operational matter for police services.

I am advised by the Garda Authorities that An Garda Síochána co-operates with other police services on intelligence-related matters as circumstances dictate. This is, of course, to be expected given that intelligence gathering and sharing are fundamental duties of any police service. Any arrangements that may be made are subject to operational requirements; they are governed by strict protocols relating to conduct and confidentiality and must, of course, in all circumstances operate in accordance with the law. I would emphasise the point I have made previously that there can be no question of any person being permitted to engage in criminal activities here in any circumstances. Neither is there any question of a police officer from outside the jurisdiction exercising police powers here.

As the Deputy will be aware, allegations regarding a UK undercover police officer in this jurisdiction were first 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 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.

In the light of developments that have taken place outside this jurisdiction since these matters first came to light, including the establishment by the British Government of an undercover policing inquiry, I sought a fresh report from the Garda Commissioner on any issues arising. The Garda Authorities are in ongoing contact in this regard with their counterparts in the UK and I will fully consider this report when it is available.

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