Oireachtas Joint and Select Committees

Wednesday, 21 September 2016

Joint Oireachtas Committee on Justice, Defence and Equality

Garda Síochána Ombudsman Commission

9:00 am

Ms Justice Mary Ellen Ring:

I will deal with the first part on complaints generally. We know there are people who are dissatisfied with what has taken place in GSOC. Some of them may never be able to be satisfied for all sorts of reasons. In the context of dissatisfaction with us on time issues, if a complaint investigation goes outside under the provisions of section 94(1), the time that passes is outside our control. We try to keep complainants up to date but it gets to a point where sending another letter saying we still have no word for does not add to their peace of mind. In so far as serious matters are concerned, we do our best. We are obliged to keep people up to date. There may be valid delays. I am not saying that any delay in an investigation is all the fault of the Garda. There can be valid delays and some of our investigators are dealing with other matters. We are looking at our own timeliness and have made improvements in that regard. That we can control, but other areas we cannot. I know the frustration because people write directly to me also. We are all conscious and consider what people have to say very seriously.

On Mr. Justice Clarke's report, it was the first report of its kind under section 109. It had taken a great deal of time and arose out of the most serious and tragic circumstances. We are going through the report and we have changed our practices. The committee will recollect that while the decision was made too quickly, there was no question of the bona fides of the people making the decision being challenged. We need to work and are to ensure that what we do is done within the terms of the law and in a proportionate and fair manner. We are looking at practical ways to better deal with that and how we document. One of the issues that also arose was the element of communication between GSOC and An Garda Síochána. We are preparing our own set of information leaflets to make available to gardaí in circumstances that arise as to how an investigation will progress. We will be dependent on Garda co-operation to get that information to the gardaí involved.

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