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

106. To ask the Minister for Justice and Equality if she will provide an update on the independent review of certain allegations of Garda misconduct; the estimated time of completion of the report; the proposed steps arising from the report; and if she will make a statement on the matter. [19575/15]

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

This matter was previously the subject of a priority question by Deputy Mac Lochlainn and the Minister for Justice and Equality gave an update about six weeks ago. We have not heard much since then so I am asking for an update on where we are.

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

The mechanism established for the independent review of certain allegations of Garda misconduct was an unprecedented step by this Government to bring independence and objectivity to bear on the examination of those allegations, some of which go back to 1969 and many of which pre-date 2000. A panel consisting of two senior and five junior counsel was established for this purpose with all members selected on the basis of their experience of the criminal justice system. They have been asked to examine the papers in each case with a view to determining whether further action is warranted and practical.

A total of 319 complaints were referred to the panel of counsel. Obviously, the volume and complexity of cases has changed the timeframe and has led to the review taking longer than originally anticipated. We wanted counsel to take time to examine all of the cases fully and carefully. Indeed, the number and variety of cases make the work of counsel all the more important. There are many cases which have already been through some form of process, whether that involves the courts, GSOC or some other body.

The issues involved in the cases also range considerably, from tragic deaths to property disputes.

While the review of all of the allegations is not yet complete, my Department has received the recommendations of counsel in a significant number of cases. I have received the first batch of submissions on these cases and clearly, as I said previously, I want to start the process of writing to everyone concerned as soon as possible. I will consider the recommendations of counsel extremely seriously and cannot easily imagine circumstances in which I would not follow such recommendations. In communicating with individuals I am also anxious not only to set out the recommendation of counsel and my decision on it but also to outline as far as possible the reasons for the recommendation subject to any legal constraint there may be.

The legal advice of counsel contains, in many instances, comments on third parties and great care will have to be taken in setting out the main points. Therefore, I have decided to appoint a former judicial figure to advise on the preparation of the letter and the communications to the complainants. It is better to take that time now so as to provide complete reassurance on the probity and independence of the entire process from start to finish. That is the best way to communicate the decisions of counsel.

While it would not be appropriate to publish individual recommendations, I have considered how best information on the outcome of this process could be made public. In this regard, I have asked counsel, in addition to making recommendations in individual cases, to produce a general overview of the issues and trends which featured in this process. That may lead to the identification of issues and recommendation for change across a number of areas which I hope will enable us to address some of the general and thematic concerns raised by those persons whose cases were examined by counsel.

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

The Minister will appreciate that this process has been dragging on for a considerable period. In the past 24 hours I have received communications from two of the 319 people affected, one of whom came to my clinic in Limerick yesterday, while I received an e-mail this morning from another individual whose case was subject to review. At a minimum, the fact that the Minister has now engaged a former member of the Judiciary to help draft a reply should be communicated to each of the 319 people involved. They are concerned because they believe the process is drifting. Prior to this they had lost confidence in the processes of State and now this process seems to be dragging on. That is what they are saying to me. Obviously, I have reassured and relayed to them what I have heard from the Minister on the issue. I have spoken to them about her positive disposition to arrive at the truth for them. Will she consider giving them, when they receive their formal reply, an opportunity to interact and engage with somebody on the review panel? The opportunity to have face-to-face contact or engage in direct correspondence has been absent from the process. People made their submissions and their cases are being judged on them, without any follow-up or further interaction. That is a bone of contention for some and it must be addressed.

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

I welcome the Deputy's comments on wanting to get at the truth for the people concerned and to have the best process in place to examine their complaints. The complaints, in many instances, are about cases that have been in a variety of places, including before the Director of Public Prosecutions, through the courts systems or GSOC. The cases that have been referred to the process are complex. There were very wide criteria and it involved all of the cases that appeared to be relevant, although some that have been referred fall outside the terms of reference. It was never intended that the process would include face-to-face meetings. It was always to involve a review of all of the work that had been done and all of the papers relating to the cases involved to ascertain whether, on the basis of an objective, independent legal review, recommendations should be made in terms of a follow-up. I will take up the Deputy's point about communicating with complainants.

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

The Minister should not close the door on the option for her, her Department or members of the review panel to engage with people face-to-face afterwards.

That should not be ruled out at this point. The Minister is right in saying that many of them pertain to people who have been through some of the legal processes. Without getting into detail I can tell the Minister of one complaint brought to my attention. A person has sworn an affidavit that no court registrar was in court on the day that person was in court, but the Courts Service is disputing it. So there are cases where the system or the State claims one thing and yet a person is willing to swear and can bring witnesses to back up their position. At this point I urge the Minister to reconsider.

I mention one case in particular, the Sarah Bland case. I ask the Minister or one of her departmental officials to make contact with Ms Bland. She has been back on a number of occasions and I know the Minister has had extensive correspondence with me and others on her case. She is seeking a face-to-face meeting with the Minister and I ask her to take that on board.

Alan Farrell (Dublin North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Minister's time has already been taken in the question.