Call for informants to be allowed commit crimes as part of garda operations needs 'detailed analysis'

Among the recommendations was expediting laws to allow gardaí access encrypted messages between gangs.

The Department of Justice has said calls to allow garda informants engage in crime and to permit gardaí operate undercover inside gangs “would represent significant change” and need to be carefully examined before any implementation.

The recommendations were made by the Garda Inspectorate in its study into An Garda Síochána’s efforts to tackle organised crime.

The inspectorate broadly praised the work, particularly at high-levels, to combat organised crime and transnational gangs, but said this was being hampered by a lack of formal threat assessments, overall strategies, clear intelligence models, and a lack of key powers.

In relation to the latter, it recommended:

• changing the law to allow garda informants engage in criminal activity as part of efforts to tackle gangs;
• empowering gardaí to work undercover inside gangs;
• expediting laws to enable gardaí access encrypted communications used by organised crime;
• introducing laws to allow gardaí operate “integrity testing”, allowing anti-corruption investigators to put a public official (including a garda) in a potentially compromising position in order to test their vulnerability to being corrupted. 

The sprawling 360-page report, which has been with the Department of Justice since last June, was published on Tuesday afternoon.

In response to Irish Examiner queries on the department’s views regarding the legal changes sought, the department said: “The report acknowledges the considerable success An Garda Síochána has had in targeting high-profile crime groups and seizing large volumes of drugs and other criminal assets and makes recommendations to An Garda Síochána, the Department of Justice and other agencies to further address the threat posed by and the impact of organised criminal networks.

“The specific recommendations referred to in the query would, if implemented, represent a significant change in current structures, procedure and practice and will, in some cases, require legislative change. 

"While work is progressing on legislation to modernise our Interception legislation, other recommendations will require detailed policy analysis by the Department and engagement with An Garda Síochána and other relevant agencies before a final decision is taken on how they are to be progressed.” 

Infiltration

The inspectorate report said the ability to infiltrate criminal organisations was key in understanding, and targeting, them.

It said informants, known as Chis (covert human intelligence source), can be authorised in the UK to participate in criminal behaviour, subject to conditions and independent oversight.

It said in Canada, the law permits the commission of criminal acts by informants, or police agents, so long as it is not for self-gain.

“The benefits of enabling CHIS to participate in criminal activity was recognised by many members who met with the inspectorate,” the report said.

“Equally recognised were the risks of such activity and the requirement for strong oversight.” 

It said the current Garda requirement to exclude or remove a CHIS engaged in criminal activity was taking away people who know “critical insider information” about organised crime gangs.