Jonathan O'Brien (Cork North Central, Sinn Fein)
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In Omeath, County Louth, on 11 October 2015, Garda Tony Golden was shot dead, Siobhán Phillips, a young mother of two, was grievously wounded and Crevan Mackin took his own life. Four days after the shooting, Deputy Adams received in his Leinster House office a copy of the statement of charges relating to the arrest in January of that year of Crevan Mackin. The following day he telephoned the office of the Minister for Justice and Equality. Five days later he wrote to both the Minister for Justice and Equality and the Taoiseach.

The document revealed Mackin was arrested on 16 January 2015 when he was accused of being a member of an illegal organisation and possessing explosives. It further stated An Garda Síochána believed he had access to six handguns, as well as explosives, ammunition and timing devices. According to his family and his solicitor, Crevan Mackin was taken at one point from a Garda station to a house in Edentubber, County Louth, where two of the six handguns were recovered. Later, Mackin was charged with membership of an illegal organisation but not with possession of the explosives or the weapons which he had admitted to being in his possession during the course of his interrogation and interviews. His family claim that Mackin told them later that he did a deal with his Garda interrogators that, in return for working for them, he would not be charged with firearms and explosives offences.

On 9 October 2015, two days prior to the death of Garda Tony Golden, Crevan Mackin, who had serious mental health issues and had access to several firearms, gave his former partner Siobhán Phillips, a prolonged and unmerciful beating. Such was the extent of her injuries that she required hospital treatment.

Following that assault Siobhán Phillips’s parents spoke to the duty officer at Dundalk Garda station on 10 October 2015 when they wished to make a complaint regarding the assault which had taken place the night before on their daughter. They were, however, refused an opportunity to make a statement at Dundalk Garda station.

They then proceeded to Daisy Hill Hospital in Newry on the same evening. There the PSNI took photographs of the extent of the injuries. After leaving Daisy Hill Hospital to return home, they flagged down a Garda car in Omeath and, again, tried to make a complaint about the assault which had taken place. Again, they were told they were unable to do so.

Being unable to make a statement on two occasions, the family were living in fear that night. They barricaded themselves into their own home and turned off the lights because they had such a fear of Crevan Mackin, who had serious mental illness, had access to weapons and viciously beaten their daughter over a prolonged period.

Does the Minister of State think it is acceptable that victims of domestic violence are treated in this manner where they are refused the opportunity on two separate occasions to make a statement about an assault?

David Stanton (Cork East, Fine Gael)
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I am taking this matter this evening on behalf of the Tánaiste and Minister for Justice and Equality who apologises that she cannot be present to take it.

The killing of Garda Tony Golden at Omeath in October 2015 was a tragic loss for his family and for his colleagues in An Garda Síochána. All Members will share my view that Tony Golden was a hero who gave his life doing his duty as a garda while seeking to protect a vulnerable woman. Whatever the nature of allegations that may be made, we must have the utmost sensitivity for those who have suffered so much as a result of these tragic events. I think particularly of Garda Tony Golden’s widow, Nicola, and his three children, as well as of Siobhán Phillips who suffered terrible injuries. We should not forget also the grief of Adrian Mackin’s family.

While it is important any issues of concern related to these tragic events are fully investigated, it is essential to remember the various allegations being made are just that - allegations. The truth or otherwise of those allegations has not been established and there are ongoing processes set out in law to do that. It would be prudent, therefore, not to jump to hasty conclusions. Many of the concerns set out were raised previously with the Tánaiste and Minister for Justice and Equality and they were brought quickly to the attention of, and pursued with, the Garda authorities in the context of their ongoing investigation and review processes into the shootings and related matters. The Tánaiste and Minister for Justice and Equality expects to receive a final report from the Garda authorities addressing these matters when the investigation and review are completed.

The Garda Síochána Ombudsman Commission, GSOC, recently announced its decision to initiate a public interest investigation into certain matters relating to these tragic events. It indicated this public interest investigation will take place alongside the ongoing GSOC investigation of complaints relating to these events that were made previously.

I welcome the actions being taken by GSOC in accordance with its powers under the law. These investigations must be allowed to take their course so that the truth, or otherwise, of certain allegations made can be established independently. Without seeking to prejudge the issues involved, it would obviously be of great importance to learn from the tragic events at Omeath. The GSOC investigation should be of considerable assistance in this regard.

There has been public comment on decisions made in respect of charging Mr. Mackin with certain offences.

Decisions in respect of prosecution of offences are matters for the Director of Public Prosecutions, who by law is fully independent in discharging these functions. This independence is a cornerstone of our criminal justice system. It has served the State well and should be fully respect. In these circumstances it would evidently not be appropriate to comment on those details.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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My question is whether the Minister of State thinks it appropriate or right that a victim of domestic abuse, who received a savage beating over a prolonged period, can be denied the opportunity to make a statement relating to an assault which took place the night before. Does he think it is acceptable? It is a simple "Yes" or "No" answer.

A Garda Síochána Ombudsman Commission, GSOC, investigation will not answer all the questions on this issue. The most pressing question is how Adrian Crevan Mackin was not charged with firearms offences despite his admission to them during the course of the investigation. The GSOC investigation will not determine why Mr. Mackin's bail was reduced from €20,000 to €5,000, allowing him to be released or at whose request this was done. We know this was not done at the request of his legal team. The only way we can get to the bottom of these questions is with a public inquiry.

The Tánaiste and the Taoiseach have ruled out the possibility of a public inquiry. The Minister of State indicates with respect to the Director of Public Prosecutions, DPP, that this independence is a cornerstone of our criminal justice system, serving the State well, and it should be fully respected. It did not serve Ms Siobhán Phillips or Garda Tony Golden very well as a man with serious mental health issues was allowed out on a bail reduced from €20,000 to €5,000 and who was allegedly involved with assaulting an ex-partner. The following day, that person shot a garda and seriously injured Ms Phillips again by shooting her before turning the gun on himself. These are all questions that must be answered but that will not happen with a GSOC investigation, which is only a disciplinary process. It is not even a criminal process. I ask that the Minister of State and his Government consider initiating a public inquiry to get to the bottom of all these issues.

David Stanton (Cork East, Fine Gael)
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The House would appreciate that the matters involved in this case are evidently complex and sensitive. I urge against rushing to judgment about the allegations made. There are processes in place and appropriate powers under the law for the relevant authorities to investigate and seek the truth of these allegations. It serves nobody, least of all the victims and their families, to seek to short-circuit these processes. The Garda authorities are pursuing their investigation into these events and the Tánaiste has been assured that every effort has been made to conclude these ongoing processes without delay. However, it is essential to ensure they are handled properly and comprehensively.

As the House would appreciate, GSOC is the body established in law to investigate complaints about the conduct of members of An Garda Síochána. We must also be conscious of the fact GSOC has carried out investigations into these matters in accordance with its powers under the law and it is important those GSOC investigations should be allowed to take their course. With regard to a possible public inquiry, I have set out for the Deputy actions that are ongoing both by Garda authorities and GSOC in respect of the allegations being made in this case. It is imperative those processes should be allowed to take place. Until they are completed there are no plans to hold an inquiry.

There has been commentary about Mr. Mackin having been granted bail in respect of the charges he faced before the Special Criminal Court. The granting or not of bail and trial of offences are, as the House knows, a matter for the courts. The Judiciary exercises its functions entirely independently, subject only to the Constitution and the law.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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What about the statement of Ms Phillips?