Jonathan O'Brien (Cork North Central, Sinn Fein)
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25. To ask the Tánaiste and Minister for Justice and Equality if he will hold a public inquiry into the circumstances of the Jobstown trial; and if he will make a statement on the matter. [33392/17]

Jonathan O'Brien (Cork North Central, Sinn Fein)
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Are there any plans to hold a public inquiry following the outcome of the Jobstown trial?

Charles Flanagan (Laois, Fine Gael)
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As was mentioned by the Taoiseach in the House last week, the issues relating to the recent trial of persons, including Deputy Paul Murphy, involved in water charge protests in Jobstown have been considered and processed by the appropriate State authorities, which are established under the Constitution and by statute enacted by the Oireachtas. Following a Garda investigation and consideration by the Director of Public Prosecutions, DPP, the matter in question was brought to trial and a duly constituted jury of the accused's peers gave its verdict. It appears that this is absolutely in keeping with our system of justice and the separation of powers, which is designed to ensure fairness and equality before the law.

I am, of course, aware of various concerns and criticisms that have been made in some quarters about these matters. It is clearly inappropriate for this House to engage in a critique of the decisions or conduct of independent bodies such as the Office of the Director of Public Prosecutions or, indeed, the courts.

Regarding concerns that have been voiced about the role of An Garda Síochána in this case, I note that An Garda Síochána is conducting an internal review of the policing response and subsequent investigation into this matter. Notwithstanding this review, Deputies will be aware that there are well established and independent structures for bringing complaints about the conduct of gardaí through the Garda Síochána Ombudsman Commission, GSOC.

It is my view that this matter has been fully aired and brought to a conclusion before the courts, which are the ultimate arbiters of justice in this State. I therefore see no reason to establish any other form of inquiry into the matter.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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In the course of the trial, Judge Greally told the jury that some testimony given by members of An Garda Síochána did not correspond with what was seen in the video evidence. In fact, during an RTE "Prime Time" interview the Taoiseach said it was a problem that Garda evidence conflicted with video footage. He said, "We need to be able to trust that when the gardaí stand up in court and they say something happened that it did happen and it shouldn't conflict with video evidence and if it does then that is a problem." We have a problem even by the Taoiseach's analysis. Nobody is arguing about the outcome of the trial, but it is important to examine the circumstances under which so many sworn witness statements contradicted video evidence. That is important not just for confidence in the Judiciary but also confidence in An Garda Síochána.

Charles Flanagan (Laois, Fine Gael)
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The Deputy appears to be basing his question on public commentary by the Taoiseach. I am aware of those comments. However, the key issue remains that this case was fully considered before the court and a verdict was returned after due and careful consideration over a lengthy period. This point was made by the Taoiseach at the outset. Regarding concerns that have been voiced about the role of An Garda Síochána in this case, a point raised by Deputy Jonathan O'Brien, these are operational issues and it is a matter for the Garda Commissioner and her management team to address these in the first instance. As I mentioned, the Garda Síochána is conducting an internal review of the policing response to, and subsequent investigation of, this matter. That review should be allowed to take its course before jumping to conclusions, as Deputies have done and as we heard earlier in the House. In the circumstances it is most unhelpful to the rule of law and the administration of justice.

In conclusion, if an individual wishes to complain about the conduct of An Garda Síochána there are mechanisms for doing so. I refer particularly to the role and function of the Garda Síochána Ombudsman Commission.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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Nobody is jumping to conclusions. We are trying to get to the bottom of the matter. An internal review is being conducted by An Garda Síochána. Will the findings of that review be made public? Is the internal review also examining how so many Garda statements could contradict video evidence? That is important. Finally, I do not agree that the DPP is above critique. There have been a number of instances, particularly with regard to the death of Garda Tony Golden and the death of Shane O'Farrell, where serious questions must be answered by the DPP. I do not agree with the Minister's analysis that the office is above critique. It might be independent of the House but it certainly is not above critique.

Charles Flanagan (Laois, Fine Gael)
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The Deputy says he wishes to get to the bottom of the issue.

Addressing questions in this House is perhaps not the best means of getting to the bottom of the issue.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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That is correct. A public inquiry would be the best means of doing so.

Charles Flanagan (Laois, Fine Gael)
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Deputy O'Brien will be fully aware that if any citizen, including a Deputy, is not satisfied with the manner in which he or she has been dealt with by An Garda Síochána, it is open to that person to contact the GSOC, the independent body charged specifically with receiving complaints from members of the public concerning members of An Garda Síochána. Contact with GSOC can be made at its offices at 150 Upper Abbey Street in Dublin or by telephone or email. All information regarding GSOC and its role, function and powers is available on its website.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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Will the findings of the review be made public?