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

The Deputy has referred to the tragic death of a serving Garda member in County Donegal on 28 May 2015. Before I deal with the substance of his question, I would like to join him in expressing my deepest sympathies to the family, friends and many colleagues of the late Garda member, who have been so traumatised by this tragic death. Like the Deputy, I think it is important that I should not exclude from the expression of sympathy the family and friends of the young woman who tragically lost her life in a road traffic incident on 1 January 2015.

As Members know, the Garda member in question had been the subject of an investigation by the Garda Síochána Ombudsman Commission into matters relating to Garda contact with a member of the public shortly before her death in the fatal road traffic incident. As a result of concerns raised following the death of the Garda member and following consultation with the Garda Síochána Ombudsman Commission, which I am bound to do under the legislation, I decided to use the power available to me under the Garda Síochána Act 2005 to initiate an inquiry by an independent judicial figure into the conduct of the GSOC investigation.

I used section 109 of the Garda Síochána Act 2005 for the first time. I wrote to the Chief Justice requesting her to invite a judge of the Supreme Court, the Court of Appeal or the High Court to conduct the inquiry. The Chief Justice invited Mr. Justice Frank Clarke of the Supreme Court to conduct the inquiry and he has accepted the invitation. I welcome that. The inquiry will examine the conduct of designated officers of the Garda Síochána Ombudsman Commission in respect of its investigation into the contact which members of the Garda Síochána had with a person on 1 January 2015 prior to her death in a tragic road traffic incident. Section 109 allows the judge to conduct the inquiry in the manner he thinks proper and he has full judicial powers in doing so, including the power, if necessary, to enforce the attendance of witnesses or to compel the production of records.

Obviously, I have had no involvement with that inquiry. It is completely independent. The Supreme Court Judge operates under the guidelines and will conduct the inquiry as he sees fit. I am anxious to give him the time required to carry out the inquiry but, given the circumstances, I expect that the result of the inquiry should be available to me in the short to medium term.

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