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.6.I acknowledge that when this possible lack of precision in the subsection was raisedby me with the Commissioners, both in the interview of 19th May and subsequently inthe letter of 29th May 2014 from Arthur Cox, strong objection was made to anyrecommendation for amendment mainly on the ground that it would be  likely to besuggestive of some form of criticism of a professional officer of GSOC.It wascomplained in that regard by Arthur Cox that  we still do not know the informationthat has grounded this provisional recommendation.13.7.It is important to point out that this recommendation is not made by way of criticismof any GSOC officer as suggested.It is based entirely on my doubts as to the correctinterpretation of the subsection as it stands in the light of the general issue raised bythe peculiar circumstances of this case where the information in consideration on 8thOctober 2013 can be seen on the one hand, as merely indicative of two possibletechnical malfunctions in two pieces of GSOC equipment unrelated to any offence ormisbehaviour by anyone; or on the other, as possibly attributable to some illicitintrusion although not necessarily by any member of the Garda Síochána.The existingwording is undoubtedly open also to the interpretation hitherto given to it by GSOC.Imerely recommend that in any revision of the Act of 2005 in this regard the questionas to which interpretation reflects the intention of the legislature might be addressed.13.8.Finally, if there is to be new legislation redefining the roles of and relationshipsbetween the Commissioner, the Minister and GSOC in the context of introducing thenew police authority, it may be desirable to consider simplifying the somewhatcomplex provisions governing the making, admissibility and investigation ofcomplaints as currently contained in Part 4 of the Act in the light of the experience oftheir operation since 2007.The Commissioners rightly place an important value onthe comparatively open nature of the existing complaints regime.They understandthat the rationale behind the distinctions made, for example between complaints madewithin or outside a garda station and different ranks of members, lies in the need toavoid misunderstandings or complications in distinguishing between an actualcomplaint and the content of an accusation or altercation between a garda and amember of the public on the street.Nevertheless, if new legislation is proposedwhich will revise or expand the investigative remit of GSOC it may be desirable toconsider whether in the light of experience some of the distinctions and conditionsembodied in Part 4 continue to be necessary.54APPENDIX IChronology of Facts and Events2012 During 2012 the newly appointed members of the Commission met on anumber of occasions with the Garda Commissioner (and on occasionwith his deputies) and discussed GSOC s concerns about the delays beingencountered in important current investigations in obtaining timelyresponses to requests for information and documents and the need foradherence to the existing protocols.15th May The Chairperson met with the Secretary General of the Department andraised with him the problem of procuring timely access to requestedinformation and documents from the force in the particular context of twoinvestigations then current.30th June The GSOC Annual Report for 2011 was published which referred tothese delays in the provision of information.20th September The Chairperson again met with the Commissioner and raised thequestion of delays in the provision of information to investigations.TheCommissioner on the other hand raised concerns about the extent towhich confidential information in relation to some current investigationswas appearing in the press.16th November The Commissioner phoned a member of the Commission raisingconcerns in relation to media coverage of one investigation.18th November An article appeared in the  Sunday Times on the investigation.Furtherarticles appeared in that newspaper on 9th and 16th December 2012.13th December A file on the investigation was sent to the DPP.17th December The Garda Commissioner again contacted the Commission with concernsabout the information appearing in the press.20134th February A further discussion about the delays took place between the Chairpersonat a meeting with the Commissioner and his deputies.23rd April The DPP directed that no prosecution be brought in the investigation.29th April Commissioners Fitzgerald and Foley met the Minister and indicated thatin reports to be presented the Commission would make public criticismof the Garda Síochána.2nd/7th May A report on the investigation was sent to the Minister and to theCommissioner in accordance with s.103 of the Act.9th May A Special Report under section 80(5) of the Act was submitted toMinister who laid it before the Oireachtas [ Pobierz caÅ‚ość w formacie PDF ]