Paul Murphy (Dublin South West, RISE)
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11. To ask the Tánaiste and Minister for Justice and Equality when the Garda Síochána Ombudsman Commission, GSOC, will publish the investigation report into the killing of a person (details supplied) by gardaí over two years ago; and if he will make a statement on the matter. [7656/23]

Paul Murphy (Dublin South West, RISE)
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It is now over two years since George Nkencho, a young man, was shot dead by gardaí in Blanchardstown. That the Garda Síochána Ombudsman Commission report has still not been published two years later is incredible. The family has been driven into a situation of having to take civil action. The inquest has not been able to conclude as a result of the GSOC report not being published. I know the Minister will say it is a GSOC matter and not one for him. That is true, but there is a problem here if we cannot get a GSOC report about such an important matter within two years.

Simon Harris (Wicklow, Fine Gael)
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I thank Deputy Murphy for raising this important matter. I begin by extending my sincere sympathies and those of the Government to the family of the late George Nkencho on their very sad loss. While events of this nature are thankfully extraordinarily rare in this country, that is of no comfort to his grieving family. My thoughts are with them. The circumstances must be fully investigated.

As the Deputy will be aware, the fatal shooting is the subject of an investigation by GSOC, which is the independent statutory body established with full investigation powers. The Deputy will appreciate that I cannot comment on an ongoing investigation. However, 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 also make its findings publicly available as and when any other statutory processes permit it to do so. GSOC has also informed me that it will continue to liaise with the family on developments and will ensure that the family, quite rightly and importantly, are given appropriate notice before any public statement is issued.

Paul Murphy (Dublin South West, RISE)
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I understand how it works, but the Minister's answer is almost word-for-word the answer that was given to Deputy Kenny on 6 December last year, I believe. Things still have not moved. We, and the family in particular, keep asking about it. We are told the report is around the corner, but it still has not arrived. Does the Minister agree that there is clearly some sort of problem with resources and powers if a report cannot be concluded and published within two years, and all of the consequences that come with that in terms of the inquest and civil proceedings, where everything is simply on hold as a result of waiting for this? This is not the first instance of a potentially serious injustice. I refer to the cases of Shane O'Farrell and Terence Wheelock, and the slowness in getting reports completed.

Simon Harris (Wicklow, Fine Gael)
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I am very conscious that there is a grieving family in all of this. It is important that this matter is fully investigated by GSOC. I cannot comment on the ongoing investigation. It is important to note that this House decided that GSOC must be independent in the exercise of its function. I am advised, and I can only relay to the Deputy the latest information that I have, that the report is at an advanced stage, GSOC will make its findings publicly available as other statutory processes permit it to do so, and the family will be given appropriate notice before any such statement is made.

I am also aware that legal proceedings have been initiated. There are, therefore, some limits as to what I can say on the matter. Not to put words in his mouth, but I take the Deputy's point or indeed question in relation to whether it is effectively a resourcing issue or the like. I am assured that it is not. I have sought that assurance. I am assured that GSOC has the resources necessary to complete the investigation of this tragic incident. I am advised that it is at an advanced stage of the process. We have increased the GSOC budget over the last six years by 40%.

Paul Murphy (Dublin South West, RISE)
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George cannot be brought back. His family understand that, but they want truth and justice and they want to try to make sure this cannot happen again. A proper independent inquiry is an important part of that. I hear the Minister when he says that this is not a matter of resources. In that case, what is the issue? What is so complicated about producing a report in two years? I just do not understand how it takes that long to speak to witnesses and investigate what happened, etc. There clearly is some sort of problem. GSOC is clearly not fit for purpose. I think what we need here, as in the cases of Shane O'Farrell and Terence Wheelock, is a full and independent inquiry. It is obvious that there is a very significant problem with GSOC carrying out an investigation and publishing a report in the timely manner that is necessary to provide justice for the family.

Paul Donnelly (Dublin West, Sinn Fein)
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This incident happened in my constituency, not too far from my home, and I have asked consistently about the GSOC investigation. To be honest, I listened to the reply and it is pretty much identical to what we heard before Christmas, the Christmas before that and in the summer. It is pretty much identical to the previous statements. If an investigation was being carried out by An Garda Síochána and it took two years for someone to complete an investigation, we would be here saying that it was completely unacceptable. I would be puzzled and worried. As the Minister has said, GSOC is an independent organisation, but I have real worries and concerns about the length of time this is taking. That takes its toll on families. Obviously, that needs to be borne in mind. It also takes its toll on the people who are being investigated. The matter needs to be addressed quickly.

Simon Harris (Wicklow, Fine Gael)
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I thank the Deputies. I fully agree that this matter needs to be fully investigated. On that, there is no disagreement. I can only relay the answer as truthfully as I have been given it, which is that there is now a draft report that is out for internal and external peer review and legal review. I have been assured by GSOC that it is not a matter of resourcing. If it was, I would ensure that resources were not the issue.

In relation to the overall issues and different Deputies' views on oversight and governance structures, the new Policing, Security and Community Safety Bill 2023 will come before this House next week. It deals specifically with a governance and oversight framework for policing and accountability structures. I am sure the Deputies will have a chance to make their views known at that stage.

Both Deputies asked why a public inquiry cannot be established while the GSOC investigation is under way. First, GSOC is a statutory independent body. In my view, it constitutes in many ways a much more powerful and intrusive investigation than any form of statutory investigation. That is how it was designed by law. GSOC can actually make wider systemic recommendations on issues that it investigates. I will continue to keep in contact with the Deputies on the matter.