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

1. To ask the Minister for Justice and Equality when the Independent Review Mechanism will complete its work; the actions that will be taken following its recommendations; if a Commission of Investigation will be established; and if she will make a statement on the matter. [13369/15]

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

I ask the Minister for an update relating to the independent review mechanism. She will recall that it was established in July 2014 and it was initially indicated that there would be an outcome of the process within eight to 12 weeks. We are now many months on from last July. Can the Minister give an update on when the work will be completed, the possible recommendations that will flow from it and whether a commission of investigation will arise from it?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I want to express my ongoing thanks to the panel of counsel examining these cases.

The Deputy is referring to the mechanism established last year for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which had been made to a variety of Members of this House. A panel consisting of two senior and five junior counsel was established for the purpose, all selected on the basis of their experience of the criminal justice system.

The volume and complexity of cases has led to the review taking longer than originally anticipated, but it is important that counsel take the time necessary to consider each case fully and carefully. Given the fact that there are more than 300 cases and the complexity and sensitivity of the matters involved, the process has taken longer than initially envisaged, but I did not seek to rush the process at any stage, as that would not have been fair to counsel or to the people whose cases were being examined.

The independent review is now at a very advanced stage in the vast majority of cases. In some cases, new material came in and they had to be referred back again so that we could consider the new material. Although counsel have not finished their work, my Department has now received a number of recommendations from counsel, and shortly after Easter I intend to start the process of notifying the persons concerned of the outcome of the review of their cases.

The recommendation in each case is a matter for counsel. Clearly, there are a number of possible options for further investigation, in particular by way of referral to GSOC. However, I feel it is important to point out that in a large proportion of cases, counsel will likely recommend that no further action can reasonably be taken. This might be, for example, because a case has already been through due process even though the complainant remains unhappy with the outcome. The crucial point, however, is that every case will have been reviewed by independent counsel, who will have made an objective recommendation.

The Deputy will appreciate that I should, in the first instance, inform the individuals in question of the outcome in their individual cases. It would not be appropriate for me to say what the outcomes are at this stage. I have also asked counsel, in addition to making recommendations in individual cases, to produce a general overview of the issues and trends identified through this process.

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

There is no doubt that the volume of cases is quite immense, and I accept that there is a reason for the delay, but this reason should be communicated to each of the people who submitted papers for consideration. I am no different from others in this House who have submitted documentation on behalf of various people. Many of those people have got back to me because there has been a lack of communication and their confidence is being undermined as a result. It would be timely on the Minister's part even to send a holding letter just to tell them what her intention is. She has told us she believes the review will be ready after Easter.

One particular case is that of Ms Sarah Bland, who has been in contact with me on a number of occasions. Her case was not considered under the independent review mechanism but it is a very serious case which goes back many years. I have met with Ms Bland and I wonder if the Minister would consider meeting with her to hear her case as a public representative.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
Link to this: Individually | In context | Oireachtas source

I thank the Deputy. I will allow him to speak again.

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

We need to find a mechanism to help this individual.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I would prefer not to comment on individual cases. There are very wide criteria for referrals to the review mechanism. There has been no filter except where cases clearly fall outside the criteria. We have been very open to referring the cases that the Deputies have referred to us, and the vast majority have been referred to the review mechanism. If a case has not been referred, it has been for a very good reason. I will examine the case to which the Deputy refers to see precisely what happened.

I am sure the recommendations of the review mechanism will be tough for some complainants to accept, but as this process has progressed I have been advised that counsel has identified a number of overarching and cross-cutting themes. It is very important for us to study these cases - more than 300 of them - and find the common issues that emerge in order to identify what further action we should take.

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

I will give the Minister the details of Ms Sarah Bland after this session. Maybe the Minister can contact her directly herself, because it is a very serious case which did not make it into the review mechanism.

There is an injustice in the case of Sarah Bland and a mechanism to address it must be found. I will provide the Minister with details afterwards.

Is it fair to state the Minister is not ruling out a commission of investigation following the completion of the work by the panel of barristers who comprise this independent review mechanism? I believe a formal commission of investigation will be merited in a number of cases that are in the public domain. Can the Minister confirm to Members today that a formal commission of investigation established by the Oireachtas is a potential outcome arising from the review mechanism?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

When replying to the Deputy, I must stress that counsel have been asked to make a recommendation to me on what action, if any, might be appropriate in each case. The panel is independent and there is no restriction on the nature of the recommendations it might take. A wide range of actions could be taken in respect of any particular case, such as referral to the Garda Síochána Ombudsman Commission, GSOC, referral to the Garda Commissioner for further information or for disciplinary action or referral to a commission for examination. This remains open as an option to counsel if they believe a commission of inquiry is warranted. There are no restrictions on them and I must await the outcome of the 300-plus cases to ascertain whether there is a recommendation for a commission in any of them. Obviously, if such a recommendation is made, I will follow up with that, but I must await the outcome of the investigation of the cases.