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Dáil Éireann Debate, Tuesday - 10 February 2026

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• Utterances having an adverse effect

Tuesday, 10 February 2026

Questions (848, 850, 851, 852)

Matt Carthy

Question:

848. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration his proposals to regulate the use of covert human intelligence sources; and if he will make a statement on the matter. [10215/26]

Matt Carthy

Question:

850. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration his response to the cases of Veseloy and Others V Russia, Application nos. 23200/10 and 556/10 (ECHR, 2 January 2013), para 51, suggesting that there should be a public, identifiable code of practice regarding the use of covert human intelligence sources; the actions he intends to take arising from such; and if he will make a statement on the matter. [10217/26]

Matt Carthy

Question:

851. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration his response to the ECHR case of Veseloy and Others v Russia, para 105, which highlighted that Ireland was an anomaly in Europe in terms of the lack of a legal framework regarding the use of covert human intelligence sources; the actions he intends to take arising from such; and if he will make a statement on the matter. [10218/26]

Matt Carthy

Question:

852. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration if he will outline the independent oversight mechanisms and complaints procedure regarding the use of covert human intelligence sources; and if he will make a statement on the matter. [10219/26]

Written answers

Minister for Justice, Home Affairs and Migration

I propose to take Questions Nos. 848, 850, 851 and 852 together.

I can confirm to the Deputy that there are detailed guidelines governing the procedures and processes relating to the use of covert human intelligence sources (CHIS) by An Garda Síochána, and these are set out in a comprehensive Code of Practice.

The Deputy will appreciate that it is policy not to comment on the specifics of the operation of the CHIS system, as this would be contrary to the public interest. The longstanding policy is adopted for sound reasons of the security of the State, the protection of the lives and safety of individuals, and so as not to advantage those who would do harm by undermining the use of this important investigative technique by An Garda Síochána.

The Deputy may be interested to note that An Garda Síochána published a public statement and a policy document in 2022 in relation to the management and use of CHIS and these documents are available at www.garda.ie/en/about-us/publications/policy-documents/. The policy document was subject to a review 12 months from its date of effect which resulted in no amendments to the policy; the policy is to be reviewed every three years thereafter.

The operation of the CHIS system is subject to internal oversight by senior Garda management and to independent external oversight, exercised since 2010 by a former judge as the Independent Oversight Authority for CHIS. It has generally not been the practice to publish their reports given the nature of the material concerned.

In the event that any person wishes to make a complaint in relation to an allegation of wrong-doing on the part of a member of An Garda Síochána they may do so to Fiosrú, the Office of the Police Ombudsman, which is independent in the performance of its functions.

The 2013 judgment referred to by the Deputy concerned undercover police operations, in particular the test purchase of illegal drugs and falls to be considered on its own facts. The Court found that the deficiencies in the procedures for authorising the test purchase of illegal drugs exposed the applicants to arbitrary action by the police and undermined the fairness of the criminal proceedings against them. The Court also found that the domestic courts in the country concerned failed to adequately examine the applicants' plea of entrapment by the police. I acknowledge the comparative study conducted by the Court of the arrangements governing such operations across a number of member states of the Council of Europe, including Ireland.

I have no plans to bring forward legislative proposals in relation the CHIS system at present. However, these matters are kept under review.

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