GSOC oversight and surveillance inquiry
Micheál Martin seeks clarification on referring GSOC reform to the justice committee and asks that proposed legislation be considered. The Taoiseach supports public hearings and says the proposed Bill can inform the process, while clarifying that the surveillance inquiry’s terms of reference are still being drafted.
In respect of the Garda Síochána Ombudsman Commission, GSOC, I believe the Taoiseach indicated earlier there would be a referral of issues to the Joint Committee on Justice, Defence and Equality.
Comment on this
Can the Taoiseach clarify whether the Government is proposing legislative changes or will be sending the heads of a Bill? In that context, my colleague, Deputy Niall Collins, has published legislation that would give additional powers to the ombudsman commission, particularly in terms of bringing the Commissioner within its remit of accountability, giving access to PULSE and a number of other matters. Will the Government be prepared to facilitate the committee considering that legislation and discussing its contents? It was put forward in good faith by Deputy Niall Collins and is a constructive contribution to the issues in respect of giving greater powers to an independent statutory body such as the Garda Síochána Ombudsman Commission. I ask the Taoiseach to clarify whether the Government proposes legislation.
Second, with regard to the health (general practitioner medical service) Bill, there is much confusion abroad regarding the position of the Minister of State, Deputy White, which appears to suggest there will not be completely free GP care for all, which was a key promise and plank of the programme for Government. He suggested that nothing is free and that fees for the free service were being considered. I ask the Taoiseach to confirm when that Bill will be published and whether it will legislate for free GP care, as contained in the programme for Government? In that context, will the long-term illness part of the programme for Government be deleted or will it be followed through in this legislation? I refer to the commitment to provide medical cards to long-term illness card holders.
Comment on this
As for the consideration by the Joint Committee on Justice, Defence and Equality of the Garda Síochána Act 2005, there has been a great deal of comment in recent weeks on this legislation's structure, efficiency and effectiveness. Consequently, the Government has asked the joint committee to take public hearings from those who have commented publicly about inefficiencies in the Act and so on. This is part of the change to engage with civic society to a far greater extent. I have not had sight of Deputy Niall Collins's Bill but if it is constructive, I am sure it can feed into the report the Oireachtas committee can make with regard to any recommendations for amendment, change or addition to this Act. The Government genuinely seeks to have a situation in which there is absolute integrity, a working relationship and working capacity between GSOC and the Garda Commissioner.
I make the point that the other day, I heard some comments on the difference between the position here and in Northern Ireland. Whereas the ombudsman in Northern Ireland had the opportunity to oversee the chief constable, that ombudsman did not have the capacity to oversee MI5. We do not have an MI5 but have a Garda Commissioner.
Comment on this
Clearly, the High Court judge appointed to look at the use of surveillance equipment produces an audited report each year and has completely unobstructed access to all the information about that matter. There is a difference there that people must understand. This is part of a process and I am sure Deputy Niall Collins can feed his views and constructive proposals into that business. Alternatively, if he wishes, he may move his Bill here in the House.
The Bill mentioned by the Deputy will be published in this session and obviously, people will have an opportunity to have their say on it.
Comment on this
On that point, I presume that when the High Court judge is appointed to inquire into these matters, that High Court judge will have access to the same information as has the supervising High Court judge in respect of surveillance activities. The Taoiseach might clarify this point.
Comment on this
I understand that. I understand they are being drafted by the Minister for Justice and Equality, which does not fill me with any-----
Comment on this
Obviously, the Deputy has the same access to that report as anyone else, because it is a published report.