Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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41. To ask the Tánaiste and Minister for Justice and Equality his views on the report by An Garda Síochána in relation to an incident (details supplied) in County Louth; and his further views on the need for a public inquiry into the matter. [16541/18]

Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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The Minister published in the past month the report of a review into events in Omeath in October 2015 in which Garda Tony Golden was killed, Siobhán Phillips was previously wounded and Cravan Mackin took his own life. It was a shocking case. Garda Tony Golden was a very popular community garda. I would like to hear the Minister's response to the need for a public inquiry into this incident.

Charles Flanagan (Laois, Fine Gael)
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Garda Tony Golden lost his life in October 2015 serving his community. His death on that day has robbed the Golden family of a dearly loved husband, father, brother and son. A young woman suffered serious injuries as a result of the events of that day and she has also endured a great deal. It is important that we are sensitive to those who suffered so greatly as a result of the dreadful events in Omeath.

As the Deputy is aware, in late 2017 I received a report from the Garda Commissioner in regard to the review by the Garda authorities of the events surrounding the fatal shooting of Garda Golden. Conscious of the gravity of the matter and concerns expressed publicly by local public representatives, I decided in the public interest to publish the Garda report by laying it before the Houses. Following consultation with the Attorney General and the Garda Síochána Ombudsman Commission, the report was subject to a number of minor but necessary redactions for legal, data protection and security reasons.

I would emphasise that the key and clear finding of the review was that the actions of Garda Tony Golden were beyond reproach.  He was an exemplary member of An Garda Síochána.

While the report highlights, inter alia, that two incidents of domestic violence were not recorded in accordance with the relevant policy and procedures, the report indicates it does not appear that the classification of the incidents was a causative factor in these tragic events in the night of the shootings.

The House should note that certain allegations in respect of the tragic events at Omeath are the subject of two investigations by GSOC and that these investigations are ongoing.  GSOC, as the Deputy will appreciate, carries out its work independently and it is essential that it should be allowed to do so without hindrance.

Since these dreadful events, I am informed that An Garda Síochána has taken necessary actions in a number of areas, especially in supporting vulnerable victims of crime, particularly where incidents of criminality occur in a domestic setting. I note also that the Policing Authority continues to monitor the work of An Garda Síochána on the classification of crime.

Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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I would agree it is the case that the report clearly underlines that Garda Tony Golden was beyond reproach and a very valuable community garda. Notwithstanding that, significant matters of public interest are raised by the report and the events in Omeath in 2015. The report acknowledges, in particular, that the two incidents of domestic violence were not recorded properly by the Garda and that the report should have been taken at the first Garda station to which they presented. It also acknowledges that Craven Mackin's record of involvement with weapons and explosives was not disseminated to the general Garda membership in County Louth or noted on the system despite the special detective unit having knowledge that Craven Mackin was a dangerous individual. This failure meant that Garda Golden was not informed of Craven Mackin's history of violence and possession of weapons. I want to hear the Minister's response as to why that would have been the case, whether he is satisfied that was an appropriate way for the special detective unit to act and whether Garda Golden and his colleagues should surely have had the information that Craven Mackin was a dangerous individual while dealing with that case.

Charles Flanagan (Laois, Fine Gael)
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In accordance with the long-standing practice and procedure of this House, it would not be appropriate for me to comment on the detail of allegations being made. I know there has been comment on the decisions made in respect of the charging of an individual with certain offences but it is important to make the point that the decision in respect of prosecution of offences are matters for the Director of Public Prosecutions who is fully independent, in accordance with the law, in the discharge of these functions. Such independence, being the cornerstone of our criminal justice system, has served the State well and it should be respected. It would not be fair of me at this stage to comment on certain allegations that have been made and allegations that are before the independent Garda Síochána Ombudsman Commission in any event.

Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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The Minister spoke of allegations but what I quoted are statements of fact outlined in the Garda's report. The Minister has repeatedly made reference to GSOC. It is stating very clearly that it does not have the resources or the capability to reach this. That is not a satisfactory answer for the family or with respect to the matters of public interest. This is clearly an issue that needs to be dealt with. I believe it requires a public inquiry.

The review report states that a comprehensive investigation file was forwarded to the Office of the Director of Public Prosecutions on 10 May 2017. However, the Minister responded to Deputy Adams in December last, six or seven months after that, that the criminal investigation by the Garda Síochána was still ongoing. Therefore, why was the family not informed of this development in May 2017 and why, when the matter was raised with the Minister, was Deputy Adams not told that the investigation had concluded? Clearly, it had concluded six or seven months in advance of that. I would like an answer to that question. How did it happen that either the Minister was not informed or did not put the correct information on the record and why was the family not informed in an appropriate way? It is clear that if GSOC is not capable resource-wise, or otherwise, of dealing with this matter, surely there is a need for a public inquiry.

Charles Flanagan (Laois, Fine Gael)
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I have two issues with that. First, regarding Deputy Adams, I met him on this issue. I kept him fully informed. I do not have the date of the meeting with him but I was keen at all times to keep the Deputy, as the local representative, fully apprised of the position. Second, regarding GSOC, I agree with Deputy Ó Laoghaire that there is a strong case for GSOC's staffing and resources to be increased. It is not in anybody's interest that there is any perception that GSOC cannot fulfil its statutory mandate for want of resources. I will continue to do everything in my power to ensure that GSOC has the appropriate level of resources it requires.

I received a proposal from GSOC on 19 February. GSOC's business case envisages both short-term and medium-term staffing demands with a longer-term business case dependent on changing legislation. The business case seeks a total of 37 extra staff in the short to medium term. Some 24 of the additional staff would be for the investigations-operation side of the organisation, with the remaining 13 being administrative. That business case is currently being examined and will be the subject of further discussion with GSOC and the Department of Public Expenditure and Reform. It is important to note and recognise that GSOC's budget was boosted by €1 million to allow it to engage external staff to carry out an investigation into certain allegations.