Open Letter to Minister Shatter - Section 106 of Garda Siochana Act 2005‏

FOR THE URGENT PERSONAL ATTENTION OF THE MINISTER
 
Frontline Defenders commissioned barrister Brian Barrington to investigate policing 
and other issues of Shell/Corrib - his report 'Breakdown in Trust', pub 2010,
recommended that 106 part 4 be repealed
 
p60/61
It is recommended that the requirement that the consent of the Minister for
Justice be obtained in order for the GSOC to conduct a policies and practices
investigation be repealed.
 
In view of the findings of this report, it is also recommended that the GSOC seek
again to conduct a policies and practices investigation into the policing of the
Corrib gas dispute. Specific issues for investigation would include:
- how human rights issues are mainstreamed in practice;
- how the duty to act impartially is given effect;
- how legal advice is sought and acted on;
- public order training;
- performance in public order situations, including the use of force;
-the use of public order powers in civil law disputes;
-the wearing of identification;
-timing and practice in connection with the service of summonses and
the bringing of prosecutions, particularly in matters where complaints
have been brought to the GSOC; and
-the keeping of records.
Pending any repeal of the requirement for the consent of the Minister for
Justice to such an investigation, it is recommended that the Minister give that
consent.
 
Link to full report:
http://www.frontlinedefenders.org/files/en/corrib_gas_report.pdf 
 
In 2012 Shell to Sea met with UN Special Rapporteur on Human Rights Defenders Mrs Sekaggya who LISTENED
and, in her report to the UN March 2013, she recommended repeal of 106 part 4:
 
(h) Repeal section 106, part 4, of the Garda Síochána Act (2005) to ensure 
full independence of the Garda Síochána Ombudsman Commission when conducting 
examinations on practice, policy and procedure of the police;
 
Link to full report:
 
http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session22/A-HRC-22-47-Add-3_en.pdf
 
We (Shell to Sea) have also had the experience with the Rape Tape episode when GSOC announced they were going to
conduct a 'public interest' inquiry into the matter - a rarity; GSOC then issued an interim report
which YOU used to create the perception that gave rise to media headings 'Rape Tape tampered with' etc -
RTE did the needful and, even though a complaint to the Broadcasting Authority was subsequently upheld,
the damage was done.
 
Your spurious reliance on section 102, GS Act 2005 is typical of your ability to dissemble - as you did in your
reference to SHRAC both to Mrs Sekaggya and in your reply to Mick Wallace's Private Member's Bill in 2013.
 
I expect that this email WILL be brought to your personal attention and I will rely on same for future reference;
you will note cc to Dolores Infante.
 
Maura Harrington Spokesperson, Shell to Sea