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Guerin Report
GSOC and the Guerin Report: where the Ombudsman is mentioned
Where did GSOC fall down, and what is their response?
12.32pm, 10 May 2014
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ACROSS 300 PAGES, the Guerin Report makes a number of references to the Garda Síochána Ombudsman’s Commission (GSOC).
In a report that highlights such a high level of malpractice, it is reasonable to ask what role the Garda watchdog had and why the oversight was seemingly so lacking.
GSOC, however, argues that the terms of reference for the report, as well as existing legislation, meant that it could not do some of what the report marks as its failures.
Documents
In two sections (1.8 and 18.1) barrister Séan Guerin notes that the report was finished without the input of GSOC. GSOC argues that they were unable to give the documents over because of the tight timeframe of the report.
GSOC had marshalled a good deal of documentation, and this was available prior to the Guerin report being finalised. GSOC did, upon concluding this job of work and reviewing the body of documentation to be provided, come to the decision that it would be, in our view, proper to request certain safeguards (Mr Guerin refers to these as ‘appropriate safeguards’), prior to releasing documentation, to assure the protection of the rights of people concerned by the cases in question.
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Jerry McGrath
In the Jerry McGrath case, Guerin says that complaints made to GSOC were investigated using similar techniques to the gardaí. GSOC says they don’t know if this is a criticism.
We are unsure of whether this is a criticism of GSOC or simply an observation. So we take this opportunity to clarify that GSOC investigations are often conducted using policing powers conveyed by the Garda Síochána Act (2005). In such cases, in accordance with the Act, GSOC has “all the powers, immunities and privileges conferred and all the duties imposed on any member of the Garda Síochána…”. In other words, GSOC is subject to the same rules in conducting investigations as the gardaí, so it should not be surprising that the approach would be “broadly similar”.
“We would also highlight that GSOC has, particularly over the last year, made several recommendations addressing policy and guidance issues to the Garda Síochána. We have included many such recommendations in our Annual Report for 2013, which is currently with the Minister for Justice & Equality.”
Maurice McCabe
The most notable criticism of GSOC comes in section 20.11, when it is said that organisations, including GSOC, didn’t heed the voice of Garda whistleblower Maurice McCabe.
GSOC says that this is a failing of legislation, not organisation.
“The report is critical of some agencies and says that the same appears to be true of GSOC.
We would like to note in this regard that GSOC has met and corresponded with Sergeant McCabe. However, these meetings and correspondence always took place in the context of the fact that GSOC is expressly prohibited by the Garda Síochána Act (2005) from receiving complaints from serving Garda members.
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What is it with this Gov so hell-bent in getting peoples pps numbers, first it was the water now its education. Its like something out of George Orwell 1984 or was that 2015
Data Analytics (analysis of big data made possible by the Cloud) will allow the government to take better and more accurate policy decisions, with fewer errors. Ireland is pushing itself internationally as a centre of excellence in this with the goal of making it an important sector of the economy.
Unfortunately the approach of the Irish civil service to this is a bit like 3 Blind Mice.
The government already have the PPS no of every citizen – they issue them to us.
People constantly give out about public sector waste and not being able to join the dots. This proposal us an attempt to help the various government depts join the dots and save on waste and duplication of work.
The following depts and agencies already hold PPS no’s: health, education, social protection, agriculture (in certain cases), HSE, revenue and others.
There does need to be very robust laws about who can access information, who needs and for what reason. The law needs to be very stringent on those who try to access information illegitimately and it needs to protect citizens, but if depts and agencies ‘talking’ to each other leads to a better service and to huge cost savings, then this is a good thing.
Its not that the government don’t have access to the pps numbers its that when they were introduced guarantees were given as to which departments could access them.In fact laws were drafted to make sure they could only be used for certain purposes by specific departments.This was done to stop exactly what the government is trying to do now.It was done to curtail the use of the numbers for the long term tracking of individuals through out their lives aswel as stopping the transfer of that information to private intrests.
If we start handing out the information ‘willingly’ the government can use it as a precedent for doing exactly what the original legisation was drafted to stop happening.
They already have them….revenue, department of education, welfare, health, driving licence, vehicle registration etc etc. Time for some joined up thinking?
Changed address a while back, lost count of the number of different agencies I needed to notify. Wouldn’t it be great if you could just notify one?
The H.S.E infrastructure is only rivalled in expense in terms of tax payers costs in installation by our water network –
the elite love infrastructure – guaranteed income stream – same theory as Landlorism in the 18th Century – own the infrastructure enslave the population !
Thankfully they picked a cretin like Enda Kenny to deliver the coup de grace -Worst investment by the Elite of Europe since the British thought WW1 would solve their “Irish Problem “…..
Common Purpose is a political charity using Behavioural Modification
Common Purpose (CP) is a Charity, based in Great Britain, which creates ‘Future Leaders’ of society. CP selects individuals and ‘trains’ them to learn how society works, who ‘pulls the levers of power’ and how CP ‘graduates’ can use this knowledge to lead ‘Outside Authority’.
Children, teenagers and adults have their prejudices removed. Graduates are ‘empowered’ to become ‘Leaders’ and work in ‘partnership’ with other CP graduates. CP claims to have trained some 30,000 adult graduates in UK and changed the lives of some 80,000 people, including schoolchildren and young people.
But evidence shows that Common Purpose is rather more than a Charity ‘empowering’ people and communities’. In fact, CP is an elitest pro-EU political organisation helping to replace democracy in UK, and worldwide, with CP chosen ‘elite’ leaders. In truth, their hidden networks and political objectives are undermining and destroying our democratic society and are threatening ‘free will’ in adults, teenagers and children. Their work is funded by public money and big business, including international banks.
They have 2 offices here. Cameron and Merkel are members, we need to know which of our ‘elected leaders’ are too.
Uncle – all you need to do is follow the language –
Simon Coveney during some crisis lately was harping on about “Managing the Risk “” ..it was a phrase he repeated several times …. not saying he is but it is the same language that German used -
saw some crisis as ” a project management issue ” or some such rubbish.
Management 101 …..
Excellent post – important to highlight this !
I call it “controlling the narrative as cover for wealth grab ” ..Nama being a perfect example of this theory of mine – chugging away while Enda and co. supply entertainment and scandal for the masses while conveniently preventing the truth from coming out !
Look to Union Leaders and Senior Civil Servants as well for membership of this nest !
Fergus O’Dowd is most certainly not a member !
Indeed and as we are seeing the freedom of the Press under threat yet again this item is important and yet ignored.
“Press row: PM faces questions over link to charity
David Cameron officially declares that he is patron of an initiative run by Common Purpose, a charity linked to the campaign for tougher regulation of the Press ” http://www.telegraph.co.uk/news/politics/10423070/Press-row-PM-faces-questions-over-link-to-charity.html
We need some fearless journalists to get to the bottom of the Common Purpose influence on OUR government.
“The reason for keeping the data for 30 years I presume is because we want to ensure that we have the necessary information in terms of planning etcetera, but look, that is an area I would be happy to examine.”
‘I presume’ – It scares me this incompetent bungling fool is more or less supposing what the role of this exercise in data retention is. She was a complete failure as a minister for housing and I suspect this will continue to be the case. I wonder which job the non-democratic EU have in mind for her.
Really? Who is bring dragged from their beds and sent to internment camps? Who is burning books. Attacking citizens in the dead of night in organised and sanctioned attacks? Ffs, get some perspective.
He would never have bothered except the polls suggested a 60% support for it ….. I wonder what happened there – the behavioural modification crew can’t fool Paddy as easily as those in Europe who are quite happy to be subjects instead of individuals …..
And besides Jason what choice had he …Germany/Nazis didn’t have the added threat of an I.R.A. in the thirties …..
I can now reveal that the Time for Enda to go the Country was during the Seanad Referendum – he would have closed the Seanad and got re-elected no probs …Too late now though and when you miss your spot – you miss your spot ..Ireland is going to be grand folks – enough of us awake now to re-educate our parents and friends and colleagues
Why don’t you get some perspective Jason? None of the measures you mention are necessary if the same objective can be achieved by stealth. Some people regard the proposed measures as over invasive and will no cogent argument for it. They are entitled to hold that view.
Reads as …
” I haven’t a clue what I am at and let those behind the scenes carry-on until ye spot it and then I’ll tell ye I’ll look into it even though I hadn’t in the first place and still don’t have a clue !”
It needs to be clarified, who came up with the age of 30? A politician didnt. They wouldnt. So who did this? Then go after the ‘why’. I’ll bet you would start to see an agenda that has nothing to do with education whatsoever.
a online database of everybody under 30 including The child’s name, address, date of birth, nationality and mother’s maiden name wow that’s some hackers wet dream
This is just plain insanity! I read an article the other day that they also want access to people’s bank accounts when claiming social welfare. Now, I’m all for preventing welfare fraud but this is an absolute over-reach of the governments powers. A national database of pps numbers? We already do a census, have birth and death records etc surely they must know the population and the needs of the population. No need to be handing over pps numbers too. As we recently saw with irish water and their database leaks- the government simply cannot be trusted with this information. What’s to stop them from establishing new semi-states and handing over pps numbers etc to them? Or what happens when a department is privatised.
If there was a logical reason for it and the information would be protected – why not! But our government can only offer a “presumed” reason and no real guarantee of protection.
Wouldn’t it be great to be able to track the progression of primary school students to target supports. No good targeting secondary schools if the damage has already been done.
Yes, but hopefully the individual has progressed to adult life before they are in their mid thirties. Note the INTO and parent groups were part of the consultative group, no problem with that though advocacy groups for older groups are not involved. When is an individual classed as an adult after all education is compulsory to 16 and the vote comes at 18 with a proposal to lower this to 16-17 and the DoES want to retain data for 30 years!
This government is hell bent on extracting the private information of our children. It’s relentless.
What business have they got keeping such information on file for thirty years? Resources would be better spent
keeping records on pedophile priests and corrupt bankers for 30 years instead of following the instructions of our European masters.
If you claim children’s allowance they already have all your kids info – dept social protection. If they go to college and get a grant they’ll have this info – SUSA and college authorities. And when they start work – revenue. The government already have all this, this proposal is to make the transition from one to the other seamless. It will help, for example, the recent SUSA mess ups. As long as the law is robust enough, this is actually a very good idea.
16 is not a mature age as many 16 year olds now are eejits, teenage pregnancies, drinking too much and doing too many drugs and they think 16 is mature. 16 year olds are easily led by others because they are out to make friends and to get noticed by others. Not to make mature decisions…
There is way too many simpletons with jobs these days and that’s why all those people on the dole can’t fill any positions. Show this woman the door please!!!
Creche’s mainly have paperwork (tons of it) – not digital data.
Fine if the Govt wants to take away all the paperwork and store it themselves – or let them digitize it themselves but it seems absurd for creche’s to have to keep all this data stored.
@ Paul
I’m sure the people of East Germany ‘back in the day’ didn’t want to be ‘up to no good’ like looking for freedom and other silly stuff as the Stasi noted down everything about them, as long as you were a good servant of the state keeping your head down…you had nothing to worry about.
Shared with other government departments, so that would be department of environment from which it is a short jump to Irish Water and lo and behold we have an entire generation of Irish signed up as future customers fully traceable by the PPS numbers that they couldn’t get off of the adults.
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