Clare Daly (Dublin North, United Left)
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9. To ask the Minister for Justice and Equality further to Parliamentary Question No. 112 of 26 May 2015 the number of cases that were before the internal review mechanism, where additional information was received or sought; her views in relation to the number of cases that have had their review concluded; and if she will make a statement on the matter. [27011/15]

Clare Daly (Dublin North, United Left)
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The question relates to the independent review mechanism established by the Minister to investigate allegations of historic cases of Garda malpractice. A progress report was sought. The Minister told us there were delays and initially she thought it would take eight weeks. In turned into a year because, she said, extra information was sought. My question deals with in how many such cases extra information was sought and the status of the cases before the mechanism.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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We have discussed the number of cases which were referred several times. The criteria were wide and the timeframe turned out to be quite different from what I indicated at the beginning, given the scale of the cases that were referred and the mechanism I set up. It is the first time a government has taken steps to examine a range of cases of concern to a variety of people, including Deputies. It was an unprecedented exercise which had not been previously attempted.

It provides an independent, objective and consistent approach to dealing with these complaints.

A total of 320 complaints were referred. The Deputy knows the process of the independent review mechanism so I will not go over it again. Counsel are totally independent of my Department and they determine the steps necessary to review each case. They have the facility to request my Department to seek further information from the complainant or from other bodies which they believe may hold information relevant to their considerations. Further information was provided by complainants in over 200 cases. In recent months, a huge amount of material was continuously submitted by complainants which had then to be examined through the independent review mechanism. Information was also requested through my Department at the request of the panel from the Garda Síochána and the Garda Síochána Ombudsman Commission in approximately 80 cases.

I have asked a judge to review the reports going out to individuals. The judge has looked quite a number of cases at this point and, in many cases, the reports have been sent out.

Clare Daly (Dublin North, United Left)
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The Minister has not dealt with how many of the cases have been concluded. Subsequent to the question being tabled some of the people who made complaints have begun to get replies and to say what they received is beyond their worst expectations is probably an understatement. The letters I have seen from the panel represent a re-abuse of people badly let down by the system. I am speaking about cases of unexplained deaths which family members believe to be murder, as in the case of James Goonan, where the reply of the panel to the family was that it was very sorry for the family's loss but that the family's problem seemed to be that the Garda did not investigate the murder properly. The panel concluded that it would not ask the Garda to reinvestigate it, which would have been bad enough, but ask the Commissioner for a report. That was the outcome of a year's deliberation in the case of an horrific death of an elderly gentleman. A woman spoke to me this morning about sexual abuse allegations involving her two children which were not investigated. The answer she received was that the case went to the DPP and that was it. The whole point behind this was that people had problems with the investigative process, be it with the DPP or Garda, and to get an answer such as this exposes the entire system.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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An independent process was established whereby all of the material available on particular cases was reviewed by independent counsel. The 300 cases varied considerably. Some were about property, some had been before the Supreme Court, some were historical cases from 20 years ago or more and some were more recent. In every case the panel examined the material independently and objectively. Approximately 80% of the cases have finished. Some came in more recently so they are not finished. Replies have started to be issued to the complainants. An independent judge has examined the summary from the panel and has looked at the letters which have summarised the work of the panel. There are many references to third parties so the entire material cannot be sent out. The review panel put in place is objective and fair.

I cannot go over the details of each case with the Deputy. She may cite the details of individual cases but I am not in a position to go into the reasons and I owe it to the complainants to give them as much information as I can. I cannot respond to particular cases highlighted by the Deputy. An independent process was put in place which was fair and which independently reviewed all of the material, which has never been done before. Recommendations in many of the cases will be made for further action of varying types. Some cases will be referred to An Garda Síochána. The Garda Síochána will have new protocols. In certain instances, GSOC will be asked to conduct an investigation where there was never an investigation before. There is a variety of responses to individual cases. I am not in a position to respond to the individual cases. It would not be appropriate for me to do so. I can describe the fair process put in place with an independent panel.

Clare Daly (Dublin North, United Left)
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The Minister should be in a position to do so. I would like her to re-examine the figures and statistics she gave. It is precisely out of respect for the complainants that I raise these queries. People such as the family of John Kelly are outside in the lashing of rain because their brother's death has never been explained. We put out a call last time we had Question Time to ask many of the hundreds of people who submitted those complaints whether any of them had been asked for extra information or had any of them resubmitted extra information and been examined on it. People came back and all said not in their case. We are aware of many cases like the Tuohey family where evidence came to light and the panel patently refused to look at it. I do not believe the process carried out any serious examination. This side of the House raised concerns that it was an attempt to divert attention from the growing anger among some of the families for justice. Of the replies we have seen so far, there has not been one, and the Minister did not answer how many of the cases have been concluded, because none of the conclusions we have seen, and we have begun to see many, would accept the viewpoint the Minister has put forward.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I have given the Deputy information which stated further information was supplied by complainants in more than 200 cases. That is the fact of the matter. I do not know with which complainants the Deputy is in touch. I accept her bona fides but I am telling her more than 200 gave further information. The process of the independent review is not a commission of investigation or an inquiry designed to make findings such as a commission would. Its purpose was to triage the allegations to see whether further action was needed. I have given an indication of the type of further action recommended in some of the cases which have been seen. The letters have begun to go out on the cases which are completed and this process has been overseen by an independent judge.