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

The Deputy is referring to the mechanism established for the independent review of certain allegations of Garda misconduct or inadequacies in the investigation of certain allegations, which have been made to me, as Minister for Justice and Equality, the Taoiseach and other Deputies. The decision to establish the independent review mechanism was an unprecedented process initiated by the Government to bring an independent examination to bear on allegations of wrongdoing. The initiative went far beyond anything that any previous Government did to address the types of issue raised by these allegations.

As I have repeatedly emphasised, the independent review mechanism was not established to act as a commission of inquiry or investigation, nor was it designed to make findings. Its purpose was to triage allegations to determine whether further action was needed and, if so, what that further action should be.

As will become obvious, the range of matters covered by the cases referred to the panel was very wide. It included property disputes, including some that were referred by Deputy Niall Collins, probate issues, disputes between neighbours and dissatisfaction with the outcome of civil and criminal court actions, as well as decisions of the Director of Public Prosecutions and the Garda Síochána Ombudsman Commission. These are all matters in which I, as Minister, do not have a role. Nevertheless, they were considered by the panel despite the fact that, at face value, they were outside the remit of the independent review mechanism.

I am happy to confirm to the Deputy that the panel has provided recommendations to me in all 320 cases submitted to it and has therefore largely concluded its work. The issuing of notification letters to complainants commenced on 29 June. To date, 216 complainants have been notified of the outcome of the review of their cases. Letters will continue to issue to all complainants until the process is completed. I am clear and mindful that all complainants are anxious to know the outcome of the review of their case and every effort is being made to conclude the process. Given the figures, I am confident that it will be concluded shortly. In each case, a summary is prepared together with a draft letter to the complainant. Mr Justice Roderick Murphy is continuing to review the summaries and the draft letters of notification to ensure that they are a fair and accurate reflection of the recommendations made by counsel.

Additional information not given on the floor of the House

I have previously assured Deputies that where further investigation is recommended by the review then that will occur. Where cases have resulted in recommendations for further action, including, for example, referral to the Garda Síochána Ombudsman Commission, GSOC, or requesting a report from the Garda Commissioner in accordance with section 41(2) of the Garda Síochána Act 2005, I have accepted those recommendations. The issues involved in the cases also range considerably, from tragic deaths to property disputes. With respect to the cases for which the panel has recommended no further action by the Minister, it should be noted that the reasons for this recommendation vary greatly but include the fact that the complaint disclosed no allegation of any wrongdoing by the Garda; the case related to the Office of the Director of Public Prosecution which is independent of the Minister in relation to decisions as to whether or not a prosecution is warranted; or the case related to the courts which are also independent and it would be improper for the Minister to interfere in any way with their decisions. Furthermore, it should be noted that there are many cases which have already been through some form of process whether it was in the courts, GSOC or some other body.

To conclude, I note that there has been considerable media coverage recently concerning the review process. Some of the reporting has been quite inaccurate. Nevertheless, I recognise the genuine concerns raised by those whose complaints were forwarded to the panel for review.

See this speech in context