Dáil debates

Tuesday, 6 December 2022

Ceisteanna Eile - Other Questions

An Garda Síochána

9:45 pm

Photo of Gino KennyGino Kenny (Dublin Mid West, People Before Profit Alliance)
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7. To ask the Tánaiste and Minister for Justice and Equality when GSOC will publish its investigation report into the killing of a person (details supplied) by gardaí; and if she will make a statement on the matter. [60573/22]

Photo of Gino KennyGino Kenny (Dublin Mid West, People Before Profit Alliance)
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It is almost two years since the death of George Nkencho in Clonee. George's family have been very patient regarding the investigation into his death, but they want to see the GSOC report as soon as possible. Can the Minister shed light on when the report will be published?

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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I thank Deputy Kenny for raising this matter. As we approach the second anniversary of the tragic death of George Nkencho, I want to extend my sympathies to his family on their very sad loss.

As the Deputy will be aware, the fatal shooting is being fully investigated by GSOC, which is the independent statutory body established with full powers to investigate such incidents. I understand that this investigation is ongoing. I am advised by GSOC that it has deployed significant resources to this investigation. I am further advised that the investigation is at an advanced stage. I understand that a draft report pursuant to section 101 of the Garda Síochána Act 2005, as amended, has been prepared and is currently subject to internal and external peer review, as well as legal review. I understand that once the report is completed and a decision reached by the commission, GSOC will issue a statement on the matter. GSOC will make its findings publicly available as and when other statutory processes permit it to do so. GSOC has also informed me that it will continue to liaise with the Nkencho family on developments and will ensure that they are given appropriate notice before any public statement is issued.

Photo of Gino KennyGino Kenny (Dublin Mid West, People Before Profit Alliance)
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The family had this a year ago. They were told that the report would be finalised this time last year, but another year has passed. There were media reports that a draft investigation had been submitted to the commissioners but that report was in the media number of months ago. Where is it? Has the report of the internal draft investigation been submitted? Has the Minister seen it? That is what the family want to know. The family want answers. They want the State to shine a light on the death of George Nkencho. Has the Minister seen the interim report that has been flagged in the media?

9:55 pm

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The Deputy will appreciate that GSOC is completely independent in the exercise of its functions. As Minister, I cannot intervene in or comment on an ongoing GSOC investigation. I am assured, however, that GSOC has the resources necessary to complete the investigation of this tragic incident and it is not possible at this time to give an estimate of the remaining time needed to complete the investigation. As I stated, I am advised the investigation is at an advanced stage and its findings will be made publicly available when other statutory processes permit. I can confirm that I have not seen a report. It is at a final stage.

Photo of Gino KennyGino Kenny (Dublin Mid West, People Before Profit Alliance)
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The circumstances surrounding the death of George Nkencho are extremely troubling, to say the least. George cannot be brought back, but the family want to know what the circumstances were that led to his death and that it will not happen to another family. That is the most important thing. The family want truth and justice. They want somebody to tell them this could have been prevented if something else had happened on that day. Whatever the GSOC recommendations, a public inquiry is needed in respect of George Nkencho's death. Anything less is an injustice to that family.

Photo of Alan FarrellAlan Farrell (Dublin Fingal, Fine Gael)
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I, too, wish to express my sympathies to the family on the tragedy that occurred two years ago. I appreciate the comments of the Minister in respect of the independence of GSOC but I must express my disappointment at the turnaround time. Two years is an unacceptable period to wait for an assessment of this matter to be made. I fully understand the gravity of the situation and, indeed, of the report that is to be published. My understanding from Deputy Gino Kenny, however, is that a timeline of one year was outlined. Are the Minister or her Department aware of the communication GSOC has had with the family in the course of this process that has led them to approach Members of this House to bring the matter to the floor of the Dáil? It is not an ideal course to take. I completely understand why the Deputy has done so, however, and I commend him on doing it. It is a legitimate question in which other Members have a keen interest.

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The shooting of George Nkencho is being fully investigated by GSOC. I hope the Deputies appreciate that I cannot comment on the GSOC investigation because it is independent in the exercise of its functions. GSOC has the power to prosecute following its investigations if it deems that necessary. That is not the case for a public inquiry. This is detailed work that GSOC is doing. It is important that we allow it to continue its work. As I stated, it is at the final stage. I agree it is important that it is moved on. It is not easy for the family, and it is particularly difficult at this time of year and coming up to the two-year anniversary. As I stated, it is at an advanced stage. A draft has been prepared and is currently subject to the internal and external peer review as well as a legal review. The process is nearing an end.