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

103. To ask the Minister for Justice and Equality for an update on the work of the independent review mechanism; and if she will make a statement on the matter. [35845/15]

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

The purpose of the question is to obtain an update on the work of the independent review mechanism. This matter has been discussed in the Chamber on many occasions. The review mechanism, which is examining the cases of more than 320 persons who have submitted documentation to the Minister, has been in place for more than 17 months. I ask the Minister to provide an update on the matter.

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

The Deputy is referring to the mechanism established for the independent review of certain allegations of Garda misconduct or inadequacies in the investigation of certain allegations, which have been made to me, as Minister for Justice and Equality, the Taoiseach and other Deputies. The decision to establish the independent review mechanism was an unprecedented process initiated by the Government to bring an independent examination to bear on allegations of wrongdoing. The initiative went far beyond anything that any previous Government did to address the types of issue raised by these allegations.

As I have repeatedly emphasised, the independent review mechanism was not established to act as a commission of inquiry or investigation, nor was it designed to make findings. Its purpose was to triage allegations to determine whether further action was needed and, if so, what that further action should be.

As will become obvious, the range of matters covered by the cases referred to the panel was very wide. It included property disputes, including some that were referred by Deputy Niall Collins, probate issues, disputes between neighbours and dissatisfaction with the outcome of civil and criminal court actions, as well as decisions of the Director of Public Prosecutions and the Garda Síochána Ombudsman Commission. These are all matters in which I, as Minister, do not have a role. Nevertheless, they were considered by the panel despite the fact that, at face value, they were outside the remit of the independent review mechanism.

I am happy to confirm to the Deputy that the panel has provided recommendations to me in all 320 cases submitted to it and has therefore largely concluded its work. The issuing of notification letters to complainants commenced on 29 June. To date, 216 complainants have been notified of the outcome of the review of their cases. Letters will continue to issue to all complainants until the process is completed. I am clear and mindful that all complainants are anxious to know the outcome of the review of their case and every effort is being made to conclude the process. Given the figures, I am confident that it will be concluded shortly. In each case, a summary is prepared together with a draft letter to the complainant. Mr Justice Roderick Murphy is continuing to review the summaries and the draft letters of notification to ensure that they are a fair and accurate reflection of the recommendations made by counsel.

Additional information not given on the floor of the House

I have previously assured Deputies that where further investigation is recommended by the review then that will occur. Where cases have resulted in recommendations for further action, including, for example, referral to the Garda Síochána Ombudsman Commission, GSOC, or requesting a report from the Garda Commissioner in accordance with section 41(2) of the Garda Síochána Act 2005, I have accepted those recommendations. The issues involved in the cases also range considerably, from tragic deaths to property disputes. With respect to the cases for which the panel has recommended no further action by the Minister, it should be noted that the reasons for this recommendation vary greatly but include the fact that the complaint disclosed no allegation of any wrongdoing by the Garda; the case related to the Office of the Director of Public Prosecution which is independent of the Minister in relation to decisions as to whether or not a prosecution is warranted; or the case related to the courts which are also independent and it would be improper for the Minister to interfere in any way with their decisions. Furthermore, it should be noted that there are many cases which have already been through some form of process whether it was in the courts, GSOC or some other body.

To conclude, I note that there has been considerable media coverage recently concerning the review process. Some of the reporting has been quite inaccurate. Nevertheless, I recognise the genuine concerns raised by those whose complaints were forwarded to the panel for review.

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

The Minister will be aware that the "Prime Time" programme on RTE carried a report in recent weeks on this matter during which a number of issues were aired. I want to raise those issues with the Minister now. Before I mention them, the Minister will recall that there was a great deal of disquiet about the structure of the independent review mechanism and, among some, about the lack of opportunity to engage directly and face-to-face with the panel. They felt that disadvantaged the work. During the RTE programme, the following people had their cases discussed: Patrick Nugent, Adrian Moynihan, Shane Tuohey, Catherine Davis, John Kelly and Shane O'Farrell. None of those people was happy with the structure and the outcome, at least in so far as RTE "Prime Time" portrayed. Indeed, some of those people have been in touch with me to confirm that position.

The Minister said the 320 cases had now concluded. Will a proportion require some follow-up action and, if so, what will it be? The Minister has concluded that no further action will be taken in some cases, which have been referred back to GSOC. I am sure there are a cohort of cases, however, that will require further investigation. How will that be done? Will there be a catch-all commission of investigation to take on the block of cases which the Minister deems to merit further investigation independently?

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

It is obviously the Deputy's decision, but it is not appropriate to come to the House and talk about individual cases.

Acting Chairman (Deputy Bernard Durkan):

It is not.

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

I am not at liberty to talk about individual cases. In fact, I am not going to make any comment as to what stage of the process some of the cases that were referred to in the RTE programme were or were not at; one could make the assumption that they were all at different stages of the process. The process is not complete. I will make a full statement when the process is complete and give all the details of the recommendations. I am accepting every recommendation that has come to me. To answer the Deputy's question, of those recommendations, there will be a percentage, and there has been already, where there are further recommendations. Those recommendations can vary from asking the Garda Commissioner, for example, to investigate a case further and to meet with families to recommending a formal report under section 41(2) of the Garda Síochána Act. If that is recommended, I will accept it. It is equally open to recommend a commission of investigation in relation to cases.

I emphasise that many of these cases go back ten, 20 and 30 years. They are historical cases that have been in the system in a variety of ways. I have set up an objective, independent process. It is totally objective. It is not a commission of investigation, rather it is a view of the written evidence that has been submitted by the complainants. As I said in the House previously, over 200 people submitted further details in relation to their complaints and that has all been taken into account in arriving at decisions.

In all instances, I am accepting the recommendations of the independent panel.

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

I accept that the Minister is accepting the panel's recommendations. I did not ask her to comment on any of the specific cases.

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

The Deputy mentioned them, though.

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

I merely mentioned those that were named in part of the "Prime Time" programme. It would be inappropriate for any of us to ask the Minister to comment on individual cases.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Their naming on "Prime Time" is not necessarily covered by privilege here.

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

I understand. The Minister stated that many people had submitted additional written evidence to the panel. Given the fact that many people have expressed dissatisfaction with the procedure, its outcome and their inability to engage with the panel, is the Minister open to establishing a commission of investigation that would capture their cases if that is merited and recommended by those who are informing her in her decision?

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

I remain open to whatever recommendation comes to me from the independent panel - for example, a commission of investigation into a particular case. However, the process is not yet complete. I have asked for a full report to analyse the process and describe the types of case that the supervising counsel considers appropriate to be brought to my attention in terms of recommendations. I will publish it in full.