Dáil debates

Wednesday, 30 April 2014

Ceisteanna - Questions - Priority Questions

Commissions of Investigation

2:30 pm

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

1. To ask the Minister for Justice and Equality if he will provide an update on the status of the Guerin and Cooke inquiries; and if he will make a statement on the matter. [19467/14]

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I ask the Minister for Justice and Equality to provide an update on the Cooke and Guerin inquiries and, in particular, to indicate the timeline involved because when the inquiries were established they were asked to report prior to or around Easter. Perhaps he will also outline his view on whether they should proceed to full independent inquiries under the Commissions of Investigations Act 2004.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

On 18 February 2014, I gave the Cabinet my assessment of the seriousness for both the Garda Síochána Ombudsman Commission and the Garda Síochána, and more widely for public confidence in the enforcement of law, of the ongoing controversy relating to reports of unlawful surveillance of GSOC. The Government subsequently appointed retired High Court judge, Mr. Justice John Cooke, to conduct an independent inquiry into this matter. The terms of reference for the inquiry were agreed by the Government, with the advice of the Attorney General. Mr. Justice Cooke was asked to report within eight weeks or as soon as may be thereafter. On 27 February 2014, the Government appointed Mr. Sean Guerin, SC, to conduct an independent inquiry into certain allegations made by Garda Sergeant Maurice McCabe. The Government, again with the advice of the Attorney General, agreed the terms of reference for this independent inquiry. Mr Guerin was asked to deliver a report within eight weeks or as soon as may be thereafter. The reports of both Mr. Justice Cooke and Mr. Guerin are currently awaited. Their finalisation is a matter exclusively for Mr. Justice Cooke and Mr. Guerin, but I expect that they will be received shortly.

As Deputy Niall Collins is aware, the Government at its meeting of 25 March 2014 reiterated its commitment to the reform of Garda oversight and accountability, which will include the establishment of an independent Garda authority appropriate to Ireland’s needs and which will maintain appropriate democratic accountability to the Oireachtas. The Government will bring forward the full detail of its comprehensive reform proposals in the coming months following the completion of the current inquiries by Mr. Justice Cooke and Mr. Guerin, the forthcoming hearings by the Oireachtas Committee on Justice, Defence and Equality on the law relating to GSOC, and the review of the Garda Síochána which is currently under way under the Haddington Road agreement. That process will be assisted by the new Cabinet committee on justice reform, which had its first meeting on Monday.

2:35 pm

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I ask about the scope of the Guerin inquiry. On a number of occasions the shocking case of Ms Cynthia Owen has been raised in the House. The legal representative, Gerry Dunne, wrote to the Taoiseach on 24 February and I believe that correspondence has been referred to the Minister. Having listened to some of the circumstances in detail it possibly merits its own independent inquiry. Should Mr. Guerin recommend a commission of investigation, does the Minister believe the circumstances of the Cynthia Owen case could be examined under a broader independent inquiry under the commission of investigation, be it a separate one or one which emanates from the Guerin inquiry?

Separately, I received the Minister's correspondence relating to Ms Lucie O'Farrell. I put a note of thanks on the record in that regard. I have noted his response stating that he will meet her later.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The matter relating to Ms Cynthia Owen is not a matter that was referred to Mr. Guerin. I cannot and will not prejudge the outcome of the inquiry being conducted. The whole purpose was to refer the issues that were raised by Sergeant McCabe, about which the Deputy and his party leader made a variety of comment, for independent examination. Mr. Guerin will conduct that independent examination.

Regarding the very tragic background and circumstances of Ms Cynthia Owen, I believe that is the subject matter of a parliamentary question before me today. If I am not correct in that, I know for certain it is the subject of a Topical Issue debate to be taken at approximately 4.15 p.m. or 4.20 p.m. this afternoon. I will address that matter appropriately when it arises.