Clare Daly (Dublin North, United Left)
Link to this: Individually | In context | Oireachtas source

112. To ask the Minister for Justice and Equality if she will update Dáil Éireann regarding the Independent Review Mechanism into cases of Garda malpractice, in terms of the number of persons who have been communicated with by the panel; the number of cases that they have recommended for further investigation; and the way she proposes to address the cases for which no further action is recommended [19513/15]

Clare Daly (Dublin North, United Left)
Link to this: Individually | In context | Oireachtas source

This question is obviously linked to the first priority question on the independent review mechanism. Approximately eight weeks ago, the Minister told the House the review was at a very advanced stage in the vast majority of cases and that the process of notifying people of outcomes would begin after Easter. We had a similar response today to the first question, but there are subtle differences. I wonder what the story is. Why has no one been contacted in the intervening eight weeks and where are we at? The consistent thing has been the lack of engagement and dialogue with those who went to the panel.

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

The Government agreed to establish the independent review mechanism to deal with a variety of cases of complaints, not all of which, it turns out, relate to the An Garda Síochána, though a substantial number do. A number are about other bodies and experiences in court. Some of the complaints relate to property issues. There is a range of issues within the complaints which have been made. This is an independent process and I have been very keen and committed to ensure that from beginning to end it is seen as independent and robust. The Department has received a significant number of the recommendations at this point so the process should be completing over the next couple of months. Obviously, the legal advice has been made available to the Department in certain of the cases. The question now is to communicate that. As it is legal advice to the Department and as quite a number of parts of the advice refer to third parties, I must now find the best way to communicate as robustly and fully as possible the outcome of the process and the recommendations. In order to ensure that it fulfils those criteria and that we can communicate in the most effective way possible with the complainants, I have decided, having received the first cases just a couple of weeks ago and considered the recommendations, that the best way to proceed in keeping with it being a fully independent process from beginning to end is to ask a judicial figure to oversee the process of communication to complainants in each and every instance.

Clare Daly (Dublin North, United Left)
Link to this: Individually | In context | Oireachtas source

I see. A problem is that nobody who has participated in the process so far sees it as independent and robust. When it was initiated, they were told it would take eight weeks. Let us be clear that it is a paper review and eight weeks was more than ample time for the Minister to decide that some issues related to the Judiciary or land law and could be parked. Those issues are not contributing to any delay in this scenario whatsoever. Two months ago, the Minister told us here that she had these outcomes and would communicate with people. Now, we are told that people may hear back over the next couple of months. There are going to be a great many very distressed people when they hear this.

I have made the point previously that we know that, of some of the cases that have been referred to the panel, not even preliminary inquiries were made by it into some of the information contained in the reports. Therefore, it could not in any way have constituted a robust inquiry; it was a paper review. In some ways, this will create a bigger problem than in solving one, if they are to receive an answer perhaps some time before Christmas. The Minister has not explained where the shift has occurred.

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

In quite a number of cases more information has come into the Department through the review mechanism which has had to go to counsel for further analysis. In any circumstance where under the review mechanism extra written information is needed, for example, from GSOC or An Garda Siochána, it has been possible to get that information. It is an analysis of all of the data available. I do not agree with the Deputy's description of the ease with which it could be decided that certain cases were part of the process, while others were not. In fact, it has been quite time consuming. It is clear that the original six to eight week timeframe was a miscalculation in terms of the number of cases involved. The process is very detailed and robust. This is the first time any Government has taken these complaints - more than 300 - and set up an independent process with senior and junior counsel who are completely independent in reviewing the material and have come back to the Department and in various cases recommended further action. When I said "a couple of months", I obviously meant by the summer. I do not expect it to go on any further. I am at the point where I have made the decision that we will bring in the judicial figure and the notifications will start once that person is in place. I expect things to move ahead quickly from that point onwards. I started to receive the recommendations in the past few weeks. That is when I started to examine the individual cases and I decided that in order to continue the independence in the process, this was the way forward.

Clare Daly (Dublin North, United Left)
Link to this: Individually | In context | Oireachtas source

It is very important to say this process, in fact, is not detailed and that either the Minister is being misinformed or she is not being kept updated on the issue. I do not mean this in a derogatory way, but it is absolutely not the case that people were asked for more information. There has been no communication with the people who gave information to the panel. Therefore, how could it have looked for more information? What we do know is that many people who volunteered new information were told by the panel and the Minister that this was not an investigative body, that it did not want to see new material and that its only job was to decide what to do, not to come up with an outcome. It is not an independent panel. The Minister did not advertise for people who would engage. It did not meet people. It is not the case that it was delayed because of the provision of new information.

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

We are over time.

Clare Daly (Dublin North, United Left)
Link to this: Individually | In context | Oireachtas source

I did not set a short timeframe; the Minister was the one who set the timeframe. We were all shocked at the idea that such a timeframe would be advanced, but the only reason it was advanced was this was only to be a paper review and it has remained as such. The panel has refused to take onboard extra information and has not even queried information available.

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

As we are a little over time, I ask the Minister to limit her response.

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

To clarify, I said that where the independent panel decided that it needed further information based on its review of cases, it asked for it. I also said quite a lot of information had come in on an ongoing basis from members of the public - the complainants in the cases - and that information, even where a recommendation had already been made, had been sent back to the panel to be analysed and taken into account by it when making decisions. The Deputy is extremely dismissive of a process that has been put in place for the first time to analyse these cases. In respect of individual responses, there are recommendations that further action be taken in a number of the cases. As I said, I cannot envisage circumstances in which I would not accept the recommendations of counsel. The Deputy is very dismissive of a process that is objective, independent and involves a legal examination of information-----

Clare Daly (Dublin North, United Left)
Link to this: Individually | In context | Oireachtas source

After years of experience.

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

-----which, in many cases, as I said, has been around since 1969.

The initial timeframe was incorrect and I have said that from the outset.

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

Thank you, Minister. We are over time.

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

Once I realised the volume of cases I knew that it would take time. It is an independent process and to continue that independence I have now asked a judicial figure to be involved in the robust communication of the outcome of the investigation to the people concerned. Certainly I stand over that process as independent and robust.

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

Minister, please. Thank you.

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

It is a review. If we were to interview people individually we would be talking about a different initiative completely to the one announced.