Commissioner ‘met obligations’ after TD criticises Carlow shooting response

By Cillian Sherlock and Gráinne Ní Aodha, PA

The Garda Commissioner “met his obligations” around whether he was required to inform the Justice Minister about an undercover operation, a spokesman said, after an opposition TD raised questions about a man who died while on bail as a result of the probe.

Labour TD Alan Kelly told the Dáil on Thursday that he had informed Minister for Justice Jim O’Callaghan about details around the death of a man “charged after an undercover Garda operation”.

Evan Fitzgerald, 22, from Kiltegan, Co Wicklow, died by suicide with a gun after discharging it at a shopping centre in Co Carlow earlier this month.

He had been awaiting trial on weapons charges from the previous year, which Mr Kelly said related to an undercover Garda operation.

Commissioner Drew Harris is required by law to inform Mr O’Callaghan about “significant developments” on a range of topics, including the protection of life and matters that may affect public confidence in An Garda Siochana.

While not specifically confirming if the Commissioner had informed the minister about the matter, a spokesman said on Thursday that the Commissioner “met his reporting obligations” on the matter.

Mr Kelly told the Dáil that Mr Harris had not briefed Mr O’Callaghan about the death of Mr Fitzgerald while on bail after being charged as a result of an undercover Garda operation.

He said: “On June 1, Evan Fitzgerald tragically and very publicly took his own life after getting bail on being charged after an undercover Garda operation.

“Why did the Garda Commissioner not brief the Minister for Justice on the details of this case and the facts that there was an undercover operation and that the guns were supplied by An Garda Siochana?”

Mr Kelly said he had to ring Mr O’Callaghan about the circumstances of Mr Fitzgerald’s arrest.

“Is it appropriate and right that I, as a member of the opposition, had to ring the Minister for Justice about this and inform him about it?

“Is it correct that I had to tell him to go to the Garda Commissioner to ask him about the full details of this case?”

He questioned whether the full details would have been known if he had not informed the Justice Minister about the matter.

Mr Kelly said the Commissioner had a duty to inform the minister about “any major issues” under section 41 of the Garda Siochana Act 2005.

Responding to the comments, Tánaiste Simon Harris said it was “a complex case” and he was not privy to when the Garda Commissioner does or does not use the provision in the Act.

“That is a matter between the Commissioner and the minister, but I understand the Minister for Justice has sought further information from the Garda Commissioner on the case.”

Mr Harris also said he supported comments made by Taoiseach Micheál Martin on the need for a review of bail laws.

Mr O’Callaghan previously said he had spoken to the Commissioner about various issues raised about how gardai operate, including the Carlow shooting incident.

On Tuesday, he said: “I’m not the person who’s there to supervise operationally what An Garda Siochana are doing.

“I ask the Commissioner questions that are of concern to me, he gives me answers in respect to them, that communication is confidential.

“I have no difficulty in telling you the issues I raised with him, obviously what he says back to me is a confidential process.”

On Thursday, a spokesman for the Commissioner said An Garda Siochana does not comment on third party remarks.

However, the spokesman noted that the legislation in question had actually been replaced by the Policing, Security and Community Safety Act 2024 at the time of Mr Fitzgerald’s death.

That Act states that the Commissioner “shall keep the Minister and the Secretary General of the Department of Justice fully informed” of matters relating to significant developments concerning preservation of peace and public order; the protection of life, property and security; significant developments that might adversely affect public confidence or performance of An Garda Siochana; matters relevant to accountability of the Government to the Oireachtas; and any other matters that the Commissioner believes should be brought to the Minister’s attention”.

The spokesman said: “On this particular matter, the Commissioner has met his reporting obligations to the Minister under 36.1 of the Policing, Security and Community Safety 2024.

“An Garda Siochana does not comment on the detail of meetings between the Commissioner and the Minister for Justice, Home Affairs and Migration.”

The spokesman noted that two other individuals remain before the courts in relation to the offences Mr Fitzgerald was charged with.

He added: “In general, and without commenting on any specific case, An Garda Siochana uses a range of internationally recognised investigative techniques when tackling serious crimes such as drug dealing and procuring of firearms, either of which could then be used to cause significant harm to the public.

“One of these is controlled deliveries. In controlled deliveries if any material is used it is safe or made safe by the law enforcement agency before being used, i.e. firearms are deactivated.”

The spokesman said: “Following allegations being published by a national newspaper in May, the Garda Commissioner referred these allegations to Fiosru for independent examination in line with the ‘incidents of concern’ provision in the Policing, Security and Community Safety Act, and relevant material was provided.

“As stated by the Commissioner, Fiosru has informed An Garda Siochana that it would not be taking any further action on the matter.”