Dáil debates

Thursday, 2 April 2015

Ceisteanna - Questions - Priority Questions

Garda Complaints Procedures

9:30 am

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

I want to express my ongoing thanks to the panel of counsel examining these cases.

The Deputy is referring to the mechanism established last year for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which had been made to a variety of Members of this House. A panel consisting of two senior and five junior counsel was established for the purpose, all selected on the basis of their experience of the criminal justice system.

The volume and complexity of cases has led to the review taking longer than originally anticipated, but it is important that counsel take the time necessary to consider each case fully and carefully. Given the fact that there are more than 300 cases and the complexity and sensitivity of the matters involved, the process has taken longer than initially envisaged, but I did not seek to rush the process at any stage, as that would not have been fair to counsel or to the people whose cases were being examined.

The independent review is now at a very advanced stage in the vast majority of cases. In some cases, new material came in and they had to be referred back again so that we could consider the new material. Although counsel have not finished their work, my Department has now received a number of recommendations from counsel, and shortly after Easter I intend to start the process of notifying the persons concerned of the outcome of the review of their cases.

The recommendation in each case is a matter for counsel. Clearly, there are a number of possible options for further investigation, in particular by way of referral to GSOC. However, I feel it is important to point out that in a large proportion of cases, counsel will likely recommend that no further action can reasonably be taken. This might be, for example, because a case has already been through due process even though the complainant remains unhappy with the outcome. The crucial point, however, is that every case will have been reviewed by independent counsel, who will have made an objective recommendation.

The Deputy will appreciate that I should, in the first instance, inform the individuals in question of the outcome in their individual cases. It would not be appropriate for me to say what the outcomes are at this stage. I have also asked counsel, in addition to making recommendations in individual cases, to produce a general overview of the issues and trends identified through this process.

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