Dáil Éireann Debate, Tuesday - 12 February 2019
317. Deputy Marc MacSharry asked the Minister for Justice and Equality if his attention has been drawn to details relating to a complaint made by a member of An Garda Síochána (details supplied) providing evidence of alleged assault, bullying and intimidation; and if he will make a statement on the matter. [7006/19]
Amharc ar fhreagra318. Deputy Marc MacSharry asked the Minister for Justice and Equality the reason no action was taken in the case of a person (details supplied); the reason suspensions have not taken place; the attempts that have been made to rehabilitate the career of the person; his plans to compensate the person; and if he will make a statement on the matter. [7007/19]
Amharc ar fhreagraI propose to take Questions Nos. 317 and 318 together.
In the first place, as the Deputy is aware, the matters referred to in the questions are the subject of an investigation by GSOC. Accordingly, I do not propose to comment in any way on that matter.
I can, however, say that my predecessor was notified by the Garda referred to in the Deputy's question that a complaint had been made to GSOC citing the Protected Disclosure’s Act 2014. In order to be of assistance, in April 2017 the then Minister opted to utilise her powers under section 102(7) of the Garda Síochána Act 2005 to refer that correspondence to the Ombudsman Commission. This was so the Commission could assess whether the contents might form part of their investigation. The individual concerned was notified of the Minister’s actions at that time. That investigation is on-going at present.
The Deputy will, no doubt, appreciate the statutory independence of GSOC, which prevents me from interfering with its operational functions. That is the guarantee to persons making complaints that their complaints will be considered independently and free from outside interference. I have full confidence in the role that GSOC plays in investigating complaints of wrongdoing in the Gardaí, including protected disclosures from members.
As the Deputy is aware, the Protected Disclosures Act was enacted in 2014 to allow employees to bring alleged wrongdoing to the attention of the appropriate authorities. The Act also affords very important protections to persons making protected disclosures. The Act provides that the Garda Síochána Ombudsman Commission (GSOC) is a designated body for receipt of protected disclosures. The protections afforded under the Act include protection from dismissal and other forms of penalisation and for the protection of the identity of persons making disclosures. I am sure that the Deputy appreciates that the protection of whistleblowers rightly prioritises the confidentiality of the process.
With regard to the actions taken by the Garda Authorities in respect to these allegations it is important to remind the Deputy that I, as Minister, have no authority to direct the Garda Commissioner in matters concerning the control, operation and direction of An Garda Síochána. Similarly, certain workplace issues which have also been raised in the correspondence are not matters in which I have authority to act, nor indeed would the Deputy wish me to have such authority. These are properly matters for the Garda Commissioner.
