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Written Answers — Department of Housing, Planning, and Local Government: Rent Pressure Zones (8 May 2019)

Donnchadh Ó Laoghaire: 1586. To ask the Minister for Housing, Planning, and Local Government if rent pressure zones in Cork are to include the Ballincollig-Carrigaline municipal district as revised; and if the southern end of Carrigaline, including Fountainstown, Myrtleville and Crosshaven, will now fall under the new Carrigaline municipal district and be considered a designated rent pressure zone as a result....

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Garda Síochána Ombudsman Commission (8 May 2019)

Donnchadh Ó Laoghaire: Gabhaim buíochas chugaibh go léir as teacht isteach. Tá sé an-úsáideach mar léargas ar na riachtanaisí atá ann. I thank the delegation. The meeting has been very useful and insightful in outlining the needs that exist. Deputy Daly has very clearly outlined that many of the requirements have been identified by GSOC and others as having existed...

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Garda Síochána Ombudsman Commission (8 May 2019)

Donnchadh Ó Laoghaire: Does Ms Justice Mary Ellen Ring believe that is achievable?

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Garda Síochána Ombudsman Commission (8 May 2019)

Donnchadh Ó Laoghaire: I want to refer to protected disclosures. There are protected disclosures from gardaí. A recent report outlined that, apart from 13 cases that were discontinued, 36 were still on the books and that there has not been any case from last year that led to a prosecution or recommendation of disciplinary action. This is the third report of that kind. The first, covering 2014 to 2016,...

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Garda Síochána Ombudsman Commission (8 May 2019)

Donnchadh Ó Laoghaire: I understand that and I would not for a second suggest that people should be turned away. There is a backlog which, obviously, will take time to address. Nevertheless, not a single case has resulted in a sanction. From Ms Justice Ring's point of view, it is a matter of resources but I imagine there must be cases on the books for in excess of two years. Are cases on the books for in excess...

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Garda Síochána Ombudsman Commission (8 May 2019)

Donnchadh Ó Laoghaire: I appreciate there has been a lack of resources. Notwithstanding the cases that were discontinued because it was not possible to bear them out or because there was insufficient evidence, I find it difficult to understand, even with the limited resources. It has not been possible to bring forward even one of those cases to prosecution or to recommend disciplinary action. I assume that the...

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Garda Síochána Ombudsman Commission (8 May 2019)

Donnchadh Ó Laoghaire: While that is fair enough, I continue to stand over my view that it is disappointing and poor. However, I hope the additional resources will mean we see things expedited. When she was before the committee last year, Ms Justice Ring said approximately half of the cases GSOC received could be disposed of within a year. Is that still more or less the case?

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Garda Síochána Ombudsman Commission (8 May 2019)

Donnchadh Ó Laoghaire: Ms Justice Ring will be aware that I put in a freedom of information request on a report on work practices at GSOC's Longford offices. The request was refused on the basis that to grant it would potentially identify somebody. As such, I will be careful in my remarks so as to not identify anyone. It remains my view, however, that there is a public interest in the issues that surround this...

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Garda Síochána Ombudsman Commission (8 May 2019)

Donnchadh Ó Laoghaire: My understanding is that since 2013, the office had six staff. Is that correct?

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Garda Síochána Ombudsman Commission (8 May 2019)

Donnchadh Ó Laoghaire: My understanding is that if it departed from that, it was only ever briefly during that period.

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Garda Síochána Ombudsman Commission (8 May 2019)

Donnchadh Ó Laoghaire: Very well. Is Ms Justice Ring confident that all files that went through that office were properly investigated and properly managed?

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Garda Síochána Ombudsman Commission (8 May 2019)

Donnchadh Ó Laoghaire: I may well do that concerning the matters that perhaps I cannot say anything about in public. I do not accept, however, that it is not possible for Ms Justice Mary Ellen Ring, as head of the organisation, to express confidence by saying the office is functioning well and that all files which passed through it were properly investigated according to the organisation’s procedures. I do...

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Garda Síochána Ombudsman Commission (8 May 2019)

Donnchadh Ó Laoghaire: Very well. I thank Ms Justice Mary Ellen Ring. Regarding the report on the death of Shane O’Farrell, his family were disappointed by it. Is Ms Justice Mary Ellen Ring in a position to discuss reports which have been published?

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Garda Síochána Ombudsman Commission (8 May 2019)

Donnchadh Ó Laoghaire: GSOC is responsible for holding the Garda to account and investigating complaints made against gardaí. One of the concerns the family had about the report was that the assertions of gardaí had been accepted rather than tested or probed. One example is that the Garda asserted to GSOC that it was unaware of events related to the case that had occurred outside the jurisdiction. The...

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Garda Síochána Ombudsman Commission (8 May 2019)

Donnchadh Ó Laoghaire: Was the PSNI contacted?

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Garda Síochána Ombudsman Commission (8 May 2019)

Donnchadh Ó Laoghaire: I will leave that topic in a moment but GSOC knew about this case for six years and did not find out about this information. The family, without any training, legal background or anything like that, were able to find this out. The document was obviously relevant. The Garda made an assertion that was accepted by GSOC, whereas the family were able to demonstrate that was not the case. That...

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Garda Síochána Ombudsman Commission (8 May 2019)

Donnchadh Ó Laoghaire: I think it was but I will check. That investigation has been completed and the matter is settled.

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Garda Síochána Ombudsman Commission (8 May 2019)

Donnchadh Ó Laoghaire: If I understand this flow chart correctly, section 93 deals with the discontinuation of a case if an investigator has a file under section 98. Is it correct that such a case is discontinued under section 93?

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Garda Síochána Ombudsman Commission (8 May 2019)

Donnchadh Ó Laoghaire: However, if a case goes from section 98 and is escalated through the directorate to the commission, it becomes a section 101. Is it correct to say that cannot be discontinued under section 93? Is it the case that it would either have to be referred to the Director of Public Prosecutions, DPP, or somewhere else?

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Garda Síochána Ombudsman Commission (8 May 2019)

Donnchadh Ó Laoghaire: Therefore, once it has been referred through the section 101, it cannot be discontinued under section 93.

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