Dáil debates

Tuesday, 10 June 2025

Saincheisteanna Tráthúla - Topical Issue Debate

Miscarriages of Justice

12:45 pm

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)

I thank the Deputy. This happened before I was born so my memory does not stretch that far back. I am taking this matter on behalf of the Minister for Justice, Home Affairs and Migration, Deputy O'Callaghan. I will respond to the issue raised by Deputy Ó Snodaigh on the Minister's behalf.

Deputy Ó Snodaigh is aware that the issue concerns an investigation conducted almost 50 years ago, which resulted in the courts overturning the convictions of two people in 1980, a presidential pardon for a third person in 1992, and the payment of financial settlements. At the time, this case unquestionably cast a shadow on the trust we place in our criminal justice and policing systems to ensure justice is done. Miscarriages of justice serve absolutely no one. Those wrongly accused suffer greatly, as do victims and families who feel that they did not get justice. It is important to emphasise, however, that this case occurred several decades ago and I can say, without question, that the safeguards which were available at that time to those who were the subject of investigation were very different from those in place today.

As the Deputy is aware, following the Ó Briain and Martin committees, the Criminal Justice Act 1984, which regulates the treatment of persons in custody, the Garda Síochána (Complaints) Act 1986, and the Criminal Procedure Act 1993 containing a new appeal procedure based on an alleged miscarriage of justice, were introduced. In this century, the State has continued to enact legislation to develop and update our oversight processes, most significantly through the Policing, Security and Community Safety Act 2024, commenced by the Minister, Deputy O’Callaghan, in April.

Ireland has an exceptionally robust system of independent oversight of policing in place. Moreover, a human rights ethos is at the heart of the Garda code of ethics and in recent years a strong organisational focus has been put on embedding the principle that human rights are the foundation and purpose of policing into the everyday actions of members of An Garda Síochána.

The Deputy will appreciate that the establishment of any public inquiry is something which can only be proceeded with where it is warranted. The primary concern is that the matter at issue must be considered of significant public concern in the sense that the concern to the public is live or there has been a recent significant development and an inquiry would assist in establishing the facts.

Given all the developments that have taken place in the intervening years, including the adjudication by the courts and the granting of a presidential pardon, I am advised that the Minister is not aware of any matter of urgent public interest which would warrant reopening the matter. As the House is aware, the Minister is considering a petition received from a number of civil society organisations calling for a statutory inquiry into the Sallins case. I can offer assurances that the petition is receiving attention and the Minister expects to respond to the petitioners shortly.

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