Gardaí cannot have 'hands tied behind backs' when tackling crime, says McEntee

Justice Minister Helen McEntee at the AGSI conference in The Great Southern Hotel, Killarney. Picture: Don MacMonagle

Gardaí should not have their "hands tied behind their back when fighting crime,” Justice Minister Helen McEntee has said amid concerns about the impact of a court ruling in favour of convicted murderer Graham Dwyer.

The European Court of Justice (ECJ) last week ruled in favour of convicted murderer Dwyer, saying EU law does not support the holding of data of electronic communications indiscriminately for the purpose of combating serious crime. 

The court found that Ireland’s Communications Act 2011 is inconsistent with EU law.

Evidence gathered from mobile phone data was central to the prosecution case against Dwyer, who was found guilty of murdering Elaine O'Hara in one of the most shocking cases Irish courts have ever heard. 

The ruling has raised concerns that convicted killers could be released from jail on a legal technicality.

I don’t think the Garda Síochana or any police force should have their hands tied behind their back when it comes to fighting crime or when it comes to detecting crime and putting criminals behind bars," said Ms McEntee. 

"It’s important there are safeguards, yes, it’s important that people’s privacy is protected, it’s important that people’s personal data is protected. But, at the same time, we need to make sure that there’s no ability for people, criminals in particular, to hide behind that.” 

She said her department is working on legislation in relation to the case, but that cannot be finalised until the Supreme Court has ruled on it.

Dwyer, an architect originally from West Cork, was jailed for life in 2015 for the murder of Ms O’Hara in 2012.

Graham Dwyer murdered Elaine O'Hara in August 2012. Picture: Collins Courts.

Mobile phone metadata helped to secure his conviction. That metadata was held under a 2011 law. 

He challenged this law first in the High Court, the State appealed, and issues of EU law were referred to the ECJ. 

He argued that the 2011 law breached more recent EU law on data privacy because it allowed for general data retention without necessary safeguards or independent oversight, and the ECJ ruled in his favour.

“I can assure people we are already working on legislation," said Ms McEntee. 

"Without seeing the final [Supreme Court] ruling it is very difficult to determine exactly what that will look like. But we need to strike the right balance here between ensuring that people’s privacy is protected [...] but also that we make sure that the Gardaí are able to carry out their work. 

"The world has changed, the way in which we engage with each other has changed, and that means that the gardaí have to do their work in a changed way. 

I will do everything I can to make sure that gardaí have the powers they need, obviously adhering to international law, adhering to the rulings of the courts, to make sure that they can put criminals behind bars and do their job."

The minister was speaking before the Annual Delegate Conference of the Association of Garda Sergeants and Inspectors (AGSI) in Killarney.

At the event, AGSI president Paul Curran said that Garda management has now been notified of "serious concerns" regarding the provision of domestic violence training delivered online only. 

"That is completely unacceptable to the members of our association," he said.

"We believe that victim-centred training would be best carried out in-person and not exclusively online."

Commenting on the issue, Ms McEntee said that all training had to move online during Covid,  but she acknowledged that there was a need to move beyond online training. 

I fully support the reengagement with in-house training, particularly when it comes to domestic violence and particularly when it comes to supporting individual victims," she said.

She noted that the Garda Commissioner intends to review all Divisional Protective Service Unit (DPSU) training, with two revised modules — Sexual Crime Investigation and Victims Engagement — rolling out initially and delivered at Templemore.