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

The Deputy's first question was about peer review. Once this tragic death occurred and the case came under scrutiny, GSOC immediately initiated a peer review and had taken the first steps in that. That was the right thing to do. The peer review system regarding Garda complaints is well established, whereby somebody from outside GSOC staff and from another system is brought in to conduct an analysis. That was an excellent first step in terms of GSOC's response to the situation. I met with GSOC, as I am obliged to do under the legislation. My decision at that point was that this was not enough and that section 109 should be used, so the peer review does not continue as a result. Peer review has been used by GSOC at different times, but I do not have the number of times with me.

The Deputy's second question was about protocols and referring cases. GSOC has a practice of referring cases where a death has occurred to the DPP before it refers back to the people who have been under investigation. Obviously there were particular circumstances in this case.

GSOC made that fact public as a result of the tragic circumstances. That has been its approach, however, because while it may believe no further action is needed, it is still required to forward the case file to the Director of Public Prosecutions for its view.

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