Within Garda remit?

TagetWidow

I have just spoken to a fellow business person who opened up a new business just this week. He was quite shaken saying that the local Garda Sergeant stormed into his shop before lunchtime and demanded to see his shop insurance policy. The man in question was English and although shaken assumes that this was one if the functions of the Gardai. I don't think it is. I think the Garda did it to ruffle his feathers at the request of a competitor with whom he is friends.anyone know what the situation is?

vicwatson

Nothing to do with the gardai, tell him to GTFO and consult his solicitor ! Or contact his superior at the station.

BrianD

What sort of shop is it and is it competing against an established local store?

TagetWidow

Is rather not divulge too much online, but I know for certain a competiora nose is very out of joint. Competitor told my husband that said new business person was getting govt money (back to work scheme) to put him out of business. Competitors wife works in local labour exchange and would be privy to such info.

MagicSean

I assume this sergeant has some relationship with the competitor? Can't see why else you think he'd care. If this story isn't bull**** I suggest he go to the Ombudsman.

TagetWidow

No bull. I promise. Have personal experience with ombudsman and would not recommend it. Total waste of time. Garda investigating garda;)

TagetWidow

No bull. I promise. Have personal experience with ombudsman for something much more serious done by same Garda and would not recommend it. Total waste of time. Garda investigating garda;)

MagicSean

TagetWidow wrote: »

No bull. I promise. Have personal experience with ombudsman and would not recommend it. Total waste of time. Garda investigating garda;)

The Ombudsman are not Gardaí nor do they have any love for Gardaí.

MagicSean

What kind of business is it?

BrianD

TagetWidow wrote: »

Is rather not divulge too much online, but I know for certain a competiora nose is very out of joint. Competitor told my husband that said new business person was getting govt money (back to work scheme) to put him out of business. Competitors wife works in local labour exchange and would be privy to such info.

That is a shocking breach of the data protection laws and there are serious consequences for this act. People in govt. departments seem to be oblivious to the fact that they are committing a crime when the access other peoples data for gain (and it is for gain here). Unfortunately, they seem only be getting slaps on the wrists from their superiors when it's grounds for instant dismissal.

The business person should make a complaint to the Gardai and the Dept. of SW regarding these two matters. These people need to be put in their place.

The_Snapper

TagetWidow wrote: »

No bull. I promise.

In that case, take the above advice back to the "Businessman" and advise him to lodge a complaint with the Garda Ombudsman, his Ch/Supt & SW office through his solicitor airing his recent experiences & suspicions. Computers leave audit trails and also retain any CCTV footage that may or may not exist in his shop.

TagetWidow

BrianD thank you!

Seanbeag1 Firstly the type of business is irelevant it is a legit business with everything above board.
Secondly about the Ombudsman you are slightly misinformed/ and or are taking me up wrong. The Ombudsman does not personally investigate every complaint made to his office. There are 4 routes through which an investigation can progress.
1. Informal resolution or mediation
2. Garda investigation (which happened in my case, a Chief Superintendent is seconded to the Ombudsmans office to investigate the claim)
3.Garda investigation under Garda Ombudsman supervision.
4. Investigation by the Garda Ombudsman.

I did not mean to imply that the Ombudsman is a Garda, or that he has any affection for them. But the methodology of Gardai investigating Gardai IS employed. Or at least was, 18 mths ago in my personal experience.

trad

Seanbeag1 wrote: »

The Ombudsman are not Gardaí nor do they have any love for Gardaí.

A lot of retired Gardai work for the Ombudsman and most of the non Garda staff were drawn from other Police Forces.

Having said that a letter to the Sergeant's Superintendent regarding the purpose of the visit might have the desired effect.

Hunter Mahan

It really does depend on what type of business it is... Surely you can tell us what kind of shop it is without revealing it.
Does it require a licence etc etc

TagetWidow

Data protection.... Of course... A complaint to the data commissioners office will also help I think. Thank you all. I am not looking for advice... Just clarifying whether a Garda would find such duties in his job description. Thanks again everyone.

MagicSean

TagetWidow wrote: »

Data protection.... Of course... A complaint to the data commissioners office will also help I think. Thank you all. I am not looking for advice... Just clarifying whether a Garda would find such duties in his job description. Thanks again everyone.

As already mentioned it depends on the business type. Gardaí have many powers in relation to licenced premises for instance. I think their could also be local bylaws which could be in effect.

Hunter Mahan

I think she was only interested in what she wanted to hear

TagetWidow

Hunter Mahan wrote: »

I think she was only interested in what she wanted to hear

"SHE" already stated that the business type was not relevant... i.e... not a licenced premises or other premises affected by by-law or other legal instrument.

And SHE stated quite clearly SHE was not looking for actionable advice. Only a mere clarification as to the rights of the Garda in question to act as he did in an ordinary retail outlet.

No manners around here anymore...:rolleyes:

Hunter Mahan

The demise of forum etiquette is a real worry alright

Basically just after doing a quick check, if the business requires any form of licence issued by the courts or state body, such as a grocer shop with alcohol for sale, a bookmakers or even a food outlet (with takeaway) etc etc.. then the garda would have been within his remit.

TagetWidow

Thank you Hunter.

Hunter Mahan

No worries,

If he was out of order then, you should start with a letter to his Superintendent and if you are not happy with the result from that, then follow it up with the Ombudsman.

McCrack

TagetWidow wrote: »

"SHE" already stated that the business type was not relevant... i.e... not a licenced premises or other premises affected by by-law or other legal instrument.

And SHE stated quite clearly SHE was not looking for actionable advice. Only a mere clarification as to the rights of the Garda in question to act as he did in an ordinary retail outlet.

No manners around here anymore...:rolleyes:

If you are certain of that (type of business is irrelevant to your question) you wouldn't be asking the question in the first place.

Refusal to answer as to what type of business it is will only get you guesstimate answers that really wastes everybody's time.

234

I'm being pedantic, but this:

TagetWidow wrote: »

[not a] premises affected by by-law or other legal instrument.

is impossible.

Resend

Hunter Mahan wrote: »

No worries,

If he was out of order then, you should start with a letter to his Superintendent and if you are not happy with the result from that, then follow it up with the Ombudsman.

also complain to the minister for social welfare and complain to data protection commissioner.

vicwatson

Basically just after doing a quick check, if the business requires any form of licence issued by the courts or state body, such as a grocer shop with alcohol for sale, a bookmakers or even a food outlet (with takeaway) etc etc.. then the garda would have been within his remit.

It would have been in his remit to ask for Shop Insurance Cert? - I think not.

Bosco boy

Make your complaint and get on with it, it dosent take a genuis to know it's totally inappropiate. Banging on about it here is a waste of time!

BrianD

Of course it's worth considering on the Garda front to have a quiet word with a more senior officer indicate that it's inappropriate and your grievance and have the matter sorted at local level. The business will have to deal with the local Gardai on an ongoing basis so best to have them on side.

Shelflife

Hunter Mahan wrote: »

The demise of forum etiquette is a real worry alright

Basically just after doing a quick check, if the business requires any form of licence issued by the courts or state body, such as a grocer shop with alcohol for sale, a bookmakers or even a food outlet (with takeaway) etc etc.. then the garda would have been within his remit.

Hunter the decision to buy insurance or to self insure is a commercial decision and whether or not i decide to buy insurance is no concern of the Gardai.

He was totally outside of his remit and abusing his powers, his wife has also abused her power in disclosing confidential information.

If he doesnt want to go down the formal route i would def have a chat with the guard in question and let it be known that he was out of order and if he tries something like that again he will take it furthur.

Delancey

The abuse of personal data by state employees in this country is a disgrace.
Anyone remember the case of the Limerick woman who won the Euro Millions jackpot and had her entire and detailed Social Welfare history leaked to the media ?
An inquiry established that 69 different SW staff had accessed her records in the days following her win and only 4 of those could be classed as ' legitimate ' enquiries - to my knowledge none of the other 60+ staff were disciplined :mad:

Finnbar01

Delancey wrote: »

The abuse of personal data by state employees in this country is a disgrace.
Anyone remember the case of the Limerick woman who won the Euro Millions jackpot and had her entire and detailed Social Welfare history leaked to the media ?
An inquiry established that 69 different SW staff had accessed her records in the days following her win and only 4 of those could be classed as ' legitimate ' enquiries - to my knowledge none of the other 60+ staff were disciplined :mad:

and then there is this...

Estate agents using gardaí to get illegal data.

Estate agents claim they can use gardaí to illegally access the confidential Pulse intelligence system to conduct criminal background checks on potential tenants, a Sunday Tribune investigation has found.



The Data Protection Commissioner has launched a probe into this newspaper's findings after four letting agents indicated that they could ask gardaí to conduct criminal background checks on members of the public. The offices of two letting agents were inspected by the commissioner's office on Friday.

http://www.tribune.ie/article/2010/feb/14/estate-agents-using-gardai-to-get-illegal-data/

I've also heard of recruitment agencies/employers using Gardaí for background checks on potential employees. Don't know how true it is though.

I would be very careful giving my personal information to Gardaí these days unless I absolutely had to.

MagicSean

Finnbar01 wrote: »

and then there is this...



http://www.tribune.ie/article/2010/feb/14/estate-agents-using-gardai-to-get-illegal-data/

I've also heard of recruitment agencies/employers using Gardaí for background checks on potential employees. Don't know how true it is though.

I would be very careful giving my personal information to Gardaí these days unless I absolutely had to.

It's easily done with the consent of the person in question. Without their consent I can't see why any Garda would be willing to give out that info.