Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

At its meeting on 1 July the Government decided that matters relating to the fatal shooting of Ronan MacLochlainn in Ashford, County Wicklow, in May 1998 were of significant public concern. It also agreed to the processes relating to the establishment of the commission as defined in the Commissions of Investigation Act 2004 on this matter, including the bringing of a resolution before the Houses of the Oireachtas.

In 2010 the partner of Ronan MacLochlainn, Ms Gráinne Nic Gibb, took a case against Ireland under the European Convention on Human Rights alleging a failure on the part of the State to carry out an effective official investigation into this fatal shooting in accordance with the terms of Article 2 of the convention. During friendly settlement negotiations on the case, a commission of investigation was proposed as a means of ensuring the State’s compliance with the convention in this matter. The settlement negotiations did not reach a satisfactory conclusion. Instead, in a unilateral declaration which was submitted to the European Court of Human Rights, ECHR, under Article 62(A) of the convention, Ireland admitted to a technical breach of the convention in this instance and, by way of a remedy, offered to conduct a commission of investigation into the fatal shooting. In return, the court was asked to strike out the case. In its decision of 25 March 2014 the court struck out the case on the basis that a commission of investigation would meet Ireland’s obligations under the convention in this matter. Having regard to the outcome of the case and with the approval of the Minister for Public Expenditure and Reform, I proposed to the Government that a commission be established. The Government has agreed to this proposal.

I emphasise that, without prejudice to the work of the commission of investigation, its establishment relates to a failure of process on the part of the State in this fatal shooting.
The draft order specifies that as Minister for Justice and Equality, I am the Minister responsible for overseeing administrative matters relating to the establishment of the commission, receiving its reports and performing any other function given to the Minister under the Act. It also authorises me to set the commission’s terms of reference. I have arranged for the terms of reference to be provided for the members of the committee. As provided for in section 5(2) of the 2004 Act, the terms of reference will be published in Iris Oifigiúil.
I am also authorised by the draft order to appoint the member or members of the commission of investigation. I will nominate a senior counsel to act as the sole member of the commission and inquire into the following matters: the circumstances surrounding the fatal shooting by An Garda Síochána of Ronan MacLochlainn on 1 May 1998 in Ashford, County Wicklow; and all relevant Garda matters, including the policies, practices and procedure of An Garda Síochána in the planning and control of the operation which led to the fatal shooting and the training provided for personnel detailed for the Garda operation concerned. The terms of reference provide that the commission shall keep Ms Gráinne Nic Gibb, applicant in the case to the ECHR, involved in the investigation to the extent necessary to safeguard her legitimate interests.
The conduct of the commission of investigation is a matter for the sole member appointed to run it. Essentially, the task of the commission is to decide whether the use of force by An Garda Síochána in this instance was proportionate. It is envisaged that the commission will report in six months. Based on this timeframe and excluding third party costs, the overall cost of the commission of investigation is estimated to be €350,000. In accordance with the provisions of the 2004 Act, following consultation with the commission and the consent of the Minister for Public Expenditure and Reform, I will have guidelines prepared on the payment of legal costs and other expenses to persons who become involved with the commission.
Arising from the outcome of the case to the ECHR, it is necessary to proceed to establish a commission of investigation into this fatal shooting. In accordance with the provision in section 3(2) of the Commissions of Investigation Act 2004, the approval of both Houses for the draft order is required. Accordingly, I would be grateful for the support of the committee for the resolution before it.