Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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41. To ask the Tánaiste and Minister for Justice and Equality her views on the recent television programme on the murder of a person (details supplied); and if she will make a statement on the matter. [24669/17]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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On 20 April last, RTE broadcast a programme about the circumstances and events leading up to the murder of Garda Tony Golden and the serious maiming of Siobhán Phillips, which took place in October 2015. The programme raised many issues of significant concern, and I wonder if the Tánaiste could make a statement on the matter and how she proposes the issues can be dealt with.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I am, of course, aware of the recent television programme referred to; indeed, it was discussed in the House previously. The events at Omeath in October 2015, which resulted in the death of Garda Tony Golden, were a tragedy. While it is self-evidently important that any issues of concern related to these tragic events are fully investigated, it is essential to remember that the various allegations being made are just that – allegations. 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 family, whom I have met, and of Siobhán Phillips who suffered terrible injuries. Nor should we forget the grief of Adrian Mackin’s family. We need to be sensitive as to how we deal with and the language we use in discussing cases of personal tragedy such as this. We must remember the context and the effect on all involved. 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 pre-judge those processes, as I am sure the Deputy would agree.

Many of the concerns set out in respect of this case were raised previously with me and I did take action on every occasion. I brought them quickly to the attention of and pursued them with the Garda authorities in the context of their ongoing investigation into and review of these events and related matters. I expect to receive a final report from the Garda authorities addressing these matters when the investigation and review are complete. The Garda Síochána Ombudsman Commission recently announced its decision to initiate a public interest investigation. It has indicated that this public interest investigation will take place alongside an 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 independent powers under the law. These investigations must be allowed to take their course so 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 anything that can be learned from these tragic events and to take action in that light. The GSOC investigation should be of considerable assistance in this regard.

While there has been public comment on decisions made in respect of charges brought against Mr. Mackin, as Deputy O'Callaghan will appreciate decisions in respect of the prosecution of offences are matters for the Director of Public Prosecutions who by law is fully independent in discharging these functions. That independence is a cornerstone of our criminal justice system; it has served the State well and it should be respected fully. In these circumstances it would evidently not be appropriate to comment on the details.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I recognise and commend the courage of Garda Tony Golden, who gave his life in service of the community. In October 2015 he was fulfilling his duties in accompanying Siobhán Phillips to the house to assist her in regaining her possessions. He paid the ultimate price that a member of An Garda Síochána can pay and deserves to be commended for his bravery. However, it is also important that we seek answers in respect of what actually occurred that day. It is the most serious crime for a member of An Garda Síochána to be murdered in this brutal way. It is also an exceptionally serious crime from the point of view of Siobhán Phillips and her family.

It is worrying that the detail of the programme seemed to suggest that the Garda was well aware of the nature of serious offences with which Crevan Mackin had been charged. When he was released back into the community in Omeath, the local police force was not informed of his presence or the threat that he posed. That is the crucial issue. Why was Garda Golden not given information that the force had in respect of an individual who was back in his community and was a threat to individuals concerned?

I acknowledge the Tánaiste's point that these are matters for investigation by GSOC while prosecutions are matters for the DPP. However, when a member of An Garda Síochána dies, we have a responsibility to ensure that the truth comes out. We need to be able to pursue avenues to make sure that this type of situation cannot arise again.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy has recalled the details of the case and the tragic circumstances that led to the death of Garda Tony Golden. As he says, gardaí take their lives in their hands every day of the week protecting the safety and security of individual citizens in our community. I acknowledge that what the Deputy said is so correct. When things go wrong in this tragic way, we do need to get to the truth. That is why I made the point that we cannot act on allegations. We need to hear the results of the GSOC investigation. There is a lot of information in the public arena. The Deputy has mentioned some of it. I cannot vouch for the truth of the details he has given on the floor of the House. It is for the investigation by the Garda and GSOC to determine that truth, looking at all of the circumstances to see what the lessons are and whether any further action should be taken.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I welcome the fact that a public interest investigation is being commenced by GSOC. However, I have a concern that it may drift on and we may not get an ultimate report for a number of years. It is important that measures are now put in place within An Garda Síochána to ensure full communication between different branches and stations. If a very dangerous individual has been given bail and goes back into a local community, and if An Garda Síochána is aware of prima facieevidence against that individual, for example that he has access to weapons, that information needs to be brought to the attention of the local gardaí. It is too late for Tony Golden but similar situations may arise in the future. Information needs to be passed on to local gardaí so that no garda in the future is put in the situation into which Garda Golden was put.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I can only agree that the exchange of vital information in respect of persons in communities does need to take place routinely within the Garda. If information is available in a divisional office and if a person is living in an area in which there is a local Garda station, of course the local gardaí should have that information.

This will be facilitated further the more we get to use IT solutions for passing on information. It is a question of making sure there is access, whether it be to PULSE or the investigations. Since last year, I think, we have an improved situation whereby we do not just have criminal incidents on PULSE, but also the actual progress of an investigation. This means that every garda should be able to make a call to find out the status of a particular case in terms of an investigation. Indeed, it is very helpful to members of the public for the Garda to give them the information as well. Obviously, it is about the proper communication systems between gardaí but it is also about making sure they have the resources to exchange information in a meaningful, fast and effective way and that they have access to those resources. That is why there has been investment of over €200 million into the IT systems. The Garda had been way behind and is still struggling to have the kind of modern communication technology that it needs and that is commonplace in every other police force.