Dáil debates

Tuesday, 27 January 2015

Topical Issue Debate

Garda Investigations

8:40 pm

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

I thank Deputy Martin for raising this matter. I share his concern about the shocking allegations of sexual assault in 2006 and that what has been reported in the media is properly addressed. I can only agree with what he said about the report and the photographs. Like him, I have a profound abhorrence for sexual and domestic violence in all its manifestations and I have worked in many fora over the years to tackle this type of crime.

The reports on this case are very serious and I am sure all in the House will agree they merit the most thorough investigation. Apart from the very brutal nature of the reported assault in this case, there are disturbing allegations, as the Deputy said and as reported yesterday, about a lack of response from State agencies, including An Garda Síochána and the health services. It is important that these matters are dealt with sensitively and are fully addressed, and I want to assure the House this will be done.

I can advise the House that the person in question wrote to me in late November. In view of the very serious nature of what she said in her letter to me, I asked for a full report on the matter from the Garda Commissioner and informed the person in question that I would be in contact with her again when I received it.

The Commissioner has now reported to me that she has asked the regional assistant commissioner to compile a report on the matter and has appointed an inspector to address the issues involved in this case. That obviously involves meeting the victim and I want to inform the Deputy that the first such meeting took place earlier this month. There is direct contact with the person in question, which is continuing with a view to obtaining full information on the case, and there will be a further meeting very shortly.

I can inform the House that the person in question also raised a second issue in her correspondence which is not in the public domain and on which it would not be appropriate to comment publicly. However, in light of this matter the Commissioner has now referred that aspect of the correspondence to the Garda Síochána Ombudsman Commission in respect of that specific issue. For the sake of completeness, as Deputy Martin alluded to, there have been court proceedings relating to an assault on the person concerned. I would like to await the full report so we can set out and establish all of the facts.

When I receive a final report from the Garda Commissioner, I will consider what further action may be necessary. I have powers to refer matters to the Garda Síochána Ombudsman Commission, GSOC, but I would like to get the full report before I decide what further action is necessary.

There are potentially criminal aspects involved and I do not want to do anything that might impede or have an impact on a criminal investigation. I will also contact the person directly once I have the full report. The person can make a report to GSOC as well, despite the time issues, as an issue related to An Garda Síochána can be investigated if it is in the public interest. However, the person may not feel able to do that, and I just mention it as a possible route.

I take the Deputy's point that the Garda Inspectorate raised a number of very serious issues relating to the treatment of victims of domestic and sexual violence. There was a series of recommendations, and we know that inter-agency support will be absolutely essential. There are currently a number of protocols in place, and the Garda Inspectorate was critical of the way in which victims of sexual and domestic violence were still dealt with. The protocols have been increasingly used, and it is clear that there has been progress within services generally, with inter-agency collaboration and local units dealing with victims of sexual abuse. It is essential that all agencies work together, and I will take up the points raised by the Deputy regarding the health service with my colleague the Minister for Health. It is obvious that the real needs of the victim were lost in this case, as she did not get some of the basic services of assessment and treatment, including the services of an interpreter. The question of how victims are dealt with is central to my work, including at a European level, given the need for us to implement the EU victims directive this year. I will await the full report and then decide what action to take.

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