Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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2. To ask the Minister for Justice and Equality if she will provide an update on the progress of the work of the independent panel of counsel that is reviewing allegations of Garda malpractice; and when its recommendations are due. [13425/15]

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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As the Minister can see, this question is on the same theme. I thank her for taking the two questions separately to give to the matter the length of time it requires. The question pertains to the length of time, which obviously adds to the distress of the families who await an outcome.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Many of these cases have been around for more than ten years, and some for 20 years. I have made clear that they are cases for which, in many ways, nobody else has ever found a solution to the satisfaction of the complainants. This is the first time a Government has taken this number of cases that have been on the desks of Deputies or have been of concern and, if one likes, has gathered them together and referred them to an independent process. It is completely independent, as the panel is taking the cases for some of which there are volumes of files. The panel members have examined them thoroughly in an independent manner to ascertain whether there is any further legal or administrative action that can be taken. This is the reason for the review mechanism. It is extremely time-consuming, and I made the decision to await the comprehensive result from the review mechanism. However, as I stated, after Easter I will start to examine the recommendations that have come to the Department, and I will write to the people involved in each of the cases. I note it will be quite a job even to craft a response. We will get the file with the recommendations. I imagine there will be an analysis of the cases, and it will be quite a job to pull together the detail and the recommendations and make sure that in the Department's response to each individual case the recommendations made are dealt with comprehensively. However, the Deputy should reassure anyone with whom he is in touch that this will happen after Easter. I certainly can put something into the public arena to make clear that this is what is happening. After Easter, the people concerned will begin to hear of individual cases that have been referred. The entire process is not yet complete, as cases remain outstanding, but the panel is working on them. Nevertheless, at this point I believe I should begin to give information to individual complainants.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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The Minister will appreciate, particularly regarding the Guerin report and some cases that have come to public prominence, that many families may have let their own cases rest or become dormant but later came forward. Many people in politics on both sides of the House have been meeting families and listening to their cases, which is why I welcomed this initiative when it took place. While I accept that the panel is independent, have its members been meeting the persons who made the allegations to follow up and clarify the documentation submitted? Have the panel members examined the original Garda files? How rigorous is the process involved? As the Minister is aware, I am sure there will be many disappointed people whenever the matters come forward. While some cases undoubtedly will not justify further action, I believe that some will. If there are disappointed families, it will be important to demonstrate that this process was both independent and rigorous and that, unfortunately, nothing more can be done in the independent view of the barristers, having engaged in a rigorous process.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I have made clear previously that this is a review of the written files, and the counsel have not met individuals. The Deputy mentioned how the time taken already has been long, but that really would have taken much longer. It was never envisaged that it would be that type of process. It is a comprehensive review of all the information, and in several debates on this matter I have made clear on the floor of the Chamber that if the people involved in the cases so wished, further information could be submitted. This has happened, and in some cases where a recommendation was made, further information came in and my Department sent it back to counsel for further attention. While not all of complainants have made clear when their complaints originated, in cases in which they have made it clear, it is possible to state that at least 65 complaints originated before the year 2000, with the oldest complaint dating back to events that occurred in 1969. There is a lot of information involved.

I take the Deputy's point that people may well be disappointed. I believe this is true, because if one has pursued a case for many years in the belief that something was not done that should have been, such a belief may well remain with one and it may not be possible for any legal or administrative action to be taken that would satisfy one's belief or where further action could lead to another outcome. This is what I have asked the counsel to examine, namely, to ascertain whether there is another pathway or if there has been malpractice or if something is clearly missing and some action should have been taken. However, I note, for example, that in the vast majority of complaints to police forces internationally-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I will let the Minister back in.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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-----only approximately 5% to 10% of cases require further action.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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In fairness, Members are aware from the history of policing in the State that the level of professionalism in investigations has evolved over the years.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Yes.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Obviously, Members commend the most recent case in the past week, in which some superb policing took place. However, it has not always been of that standard. My concern is that some families are highly resourceful and have the capacity, perhaps with professional assistance, to summarise coherently what are the issues for them. However, other families may not have that type of resource available to them and perhaps the documentation does not do them justice. Members raised this matter two months ago and thought it would be dealt with within a month. I urge that these matters be brought to a conclusion.

Another concern expressed was that people would not receive feedback unless the entire grouping of allegations was dealt with in its entirety. In other words, were someone to make a new allegation, it would be necessary to investigate it before the original group of complainants would receive their feedback. I urge that the process of giving people their outcomes begin as soon as possible. Finally, has the panel been looking at the original Garda files?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Yes, any files that have been submitted, and where the panel has sought additional information on a case, its members can obviously request that. I confirm to the Deputy that even though the entirety of complaints that have come in have not been examined at this point, I have taken a decision to begin the feedback after Easter to individual complainants where the cases have been completed, when I will start to send out those letters to individuals. I wish to provide some further information to Members.

The majority of the complaints are against An Garda Síochána, approximately 99 are against GSOC and 128 involve other bodies. One of the reasons I was waiting to have as many as possible completed before I started giving out recommendations was to be able to give a comprehensive report. I have asked for that report and will publish it with its analysis and recommendations.