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

The background to the two cases referred to in the Deputy's question are truly tragic and both are deserving of our sympathy and understanding. It is worth pointing out that both cases were considered under the independent review mechanism established recently to review certain allegations of Garda misconduct or inadequacies, if any, in the investigation of certain allegations. A panel consisting of two senior and five junior counsel was established for this purpose. The counsel appointed to the panel were nominated by the Attorney General and were all selected on the basis of their experience of the criminal justice system. Very experienced senior and junior counsel examined the cases.

In the first case, the recommendation made by counsel was that I take no further action. A letter setting out the outcome and recommendation, and the reasons for these, was issued to the complainant last December. My predecessor referred aspects of this particular case to the Garda Síochána Ombudsman Commission and that investigation has not concluded. A civil action has also been initiated against the State. I will await the completion of these processes and examine their outcomes. At that point, I will consider whether and what further options, if any, are open to me.

In the second case, the recommendation made by counsel was also that I should take no further action. This has been made known to the complainant. The Deputy will recall that the case was the subject of a review by Mr. Patrick Gageby, senior counsel, who was asked by the then Minister for Justice, Equality and Law Reform, Senator Michael McDowell, to examine the case. Arising from his detailed analysis of the case, Mr. Gageby advised the then Minister and Government against establishing any further inquiry. Following receipt of Mr Gageby's report by the then Minister, the legal representatives of the person concerned were given access to it. Following consultation with them, it was decided not to publish the report. Notwithstanding this, I referred the case to the independent review mechanism, which had access to Mr. Gageby's report. As I stated, the independent review mechanism panel recommended that I take no further action in the case.

In summary, I would like the outstanding processes in respect of the first case, namely, the civil case against the State and me, to be completed. As I outlined, there has already been an inquiry in the second case.

See this speech in context