Paddy Burke (Fine Gael)
Link to this: Individually | In context | Oireachtas source

I welcome the Minister of State at the Department of Health, Deputy Kathleen Lynch, to the House.

David Norris (Independent)
Link to this: Individually | In context | Oireachtas source

I, too, welcome the Minister of State.

This matter deals with the tragic case of a brilliant, attractive, talented young man who met his death some years ago, to the immense and continuing distress of his entire family. He took his bicycle out for a run and was knocked down by a Lithuanian heroin addict who had between 40 and 50 convictions for drugs offences and larceny on both sides of the Border. The addict was on the Interpol register as a criminal and on the PULSE system. One hour before the brilliant young man was killed, the car driven by the Lithuanian drug addict was stopped at a Garda checkpoint. Since there was no insurance on the car and a series of other complicating factors, including the fact that the driver was on PULSE and the Interpol register, he should have been stopped and arrested. He simply should not have been allowed to continue to drive the car. Had appropriate Garda action been taken, the young man, who had so much to give to his family and this country, would be alive today.

There was a series of other complicating factors. We are addressing the repercussions of the incident today. There was a catalogue of Garda malpractice. I wrote to the former Minister, Deputy Shatter, about it and received an emollient reply. He expressed sympathy for the family and his letter was understanding, but he distanced himself from the matter and said that, because of the separation of powers, there was no way in which he, as Minister, could interfere. Thus, he denied responsibility. That negated any opportunity I had of doing what I had intended to do - that is, to raise the matter on the Adjournment. If the Minister has no responsibility in this matter, it cannot be raised in the House. The current Minister has acceded to the establishment an independent review panel to consider the activity of the Garda in Cavan-Monaghan, which I very much welcome, but the chairman of this panel is the senior counsel who represented the Lithuanian drug addict, Mr. Gridziuska. Both senior and junior counsel were supplied free of charge by the State to the drug addict, whereas no such provision was made for the family of the bereaved. There is an extraordinary lack of co-ordination.

I wish to draw the attention of the Minister of State to a parallel case that we all know about - namely, that of Ms Savita Halappanavar, who died tragically in hospital. An inquiry was established that involved one of the hospital consultants who had treated Ms Halappanavar. Ms Halappanavar's husband, Praveen, objected to this and, as a result, the consultant, without any impugnment of his reputation, was removed from the inquiry because of a perception of a conflict of interest. This is exactly what we are dealing with in the case I am raising. The family of the deceased is outraged that the man who, as senior counsel, represented the Lithuanian drug addict is now the chairman of what is supposed to be an independent review panel. I do not in any sense impugn the reputation or conduct of the barrister. In law, people represent those they are appointed to represent, and do so to the best of their ability. The barrister in question did a very good job - a tragically good job - for the Lithuanian, the man he was representing, but that is what his function was. However, there is a clear perception of a conflict of interest. How can somebody who professionally represented a criminal responsible for the death of a young man be seen as a proper person to conduct the inquiry? He should be removed and distanced from this section of the inquiry. At least, the Minister should undertake that the barrister will have no role to play in the conduct of the inquiry.

Transparency International, two Dáil Deputies and solicitors representing the family have written to the Minister objecting to this gentleman's appointment to this position.

I had a useful reply from the Minister in the past few days but she draws attention to a European Union directive that she is transposing and hopes to have in by November. She states that it requires every member state to give all victims of crime information, support and protection and that the directive provides that the victim should receive appropriate information about their case, have access to victim support services and so on. A further provision states that the victim may be accompanied by a person of their choice for interviews with police. That is not a satisfactory reply. It is the mildest possible provision that one can be accompanied to a police station and get information. We have that already. I ask that this gentleman, with no slur cast on his reputation, should be distanced or removed from this inquiry.

Kathleen Lynch (Cork North Central, Labour)
Link to this: Individually | In context | Oireachtas source

Regardless of the action taken, it will bring no comfort to anyone who has lost someone in these tragic circumstances. It will not bring the person back, and I can understand their distress.

The Minister for Justice and Equality, Deputy Frances Fitzgerald, wishes to thank the Senator for raising the matter and regrets that she is unable to be present to take it herself. Senator Norris is referring to the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to the Minister for Justice and Equality, or the Taoiseach, with a view to determining to what extent and in what manner further action may be required in each case. In order to carry out this review, a panel consisting of two senior and five junior counsel, all selected on the basis of their experience of the criminal justice system, was established. The independent review is well under way at this stage, and is in the process of considering 313 cases. This is a significant number of cases, and somewhat higher than originally estimated, but the Minister thought it was important to refer to the panel all of the allegations on hand, with only a minimal filtering process, so as to ensure that every appropriate case got the benefit of an independent review. Its role is effectively to triage those cases with a view to determining to what extent and in what manner further action may be required in each case.

The review of each allegation consists of an examination of the papers by a counsel from the panel, and does not involve interviews or interaction with complainants or any other form of investigation. I should point out though that counsel may recommend that the Minister seek further information to assist in coming to an appropriate recommendation in any particular case. The Minister has asked counsel to recommend to her what action, if any, might be appropriate in each case. Each recommendation made by the panel will be very carefully considered. Clearly, having engaged counsel for this review, it would be entirely appropriate for the Minister to be guided by their advice. Obviously, it would not be appropriate to comment upon the potential outcome of any individual complaint being reviewed by this mechanism before the Minister has received and considered counsel's recommendation.

As I have already explained, the panel were all selected on the basis of their experience. In this regard, and having regard to the scope of the review, and the number of complaints involved, there is always the possibility that a conflict of interest could potentially arise. The Minister has asked me to assure the House, however, that appropriate steps have been taken to ensure the integrity of the review mechanism, including the avoidance of issues of conflict of interest. Arrangements have been put in place to ensure that if there is any conflict, or potential conflict, the particular counsel not only will not be involved in the particular case, but also will not be aware of which counsel is reviewing it. This is normal professional conduct, and there are sufficient counsel on the panel to ensure the practicality of that.

The Minister is aware that concerns have been raised regarding the particular case referred to by the Senator. The Minister is deeply conscious of the profound distress experienced by the family. However, they have been advised of the arrangements that apply, as has their legal representative and the various public representatives who have raised the concern on the family's behalf by way of parliamentary questions and representations. Whatever steps are necessary will be taken to ensure there is no conflict of interest.

I would like to assure the House that every case, including the case referred to by the Senator, will be reviewed by independent and impartial counsel who will make an objective recommendation. I hope that goes some way to allay the Senator's concerns.

David Norris (Independent)
Link to this: Individually | In context | Oireachtas source

I thank the Minister of State. I have just seen this and there is some movement. I would make three points. I recognise that the Minister of State cannot answer because she is not directly concerned with them but I ask her to convey these points to the Minister directly and ask her to contact me.

The first point is the statement that the panel were selected on the basis of their experience. The experience of this gentleman is of defending the criminal, and that surely is a conflict of interest.

The Minister of State then said that if there is any conflict or potential conflict the particular counsel will not only not be involved in the particular case, but will also not be aware of which counsel is reviewing it. She failed to say that this particular case meets those considerations. She does not actually say that in this case there is a conflict of interest that will be addressed.

The final point concerns the Minister of State's statement that whatever steps are necessary will be taken to ensure there is no conflict of interest. I welcome that but again there is no statement that in this case these steps will be taken. I ask the Minister of State to get the Minister, Deputy Fitzgerald, to contact me to assure me that such steps will be taken in this case.

Kathleen Lynch (Cork North Central, Labour)
Link to this: Individually | In context | Oireachtas source

I will ensure that the Minister is made aware of the Senator's further concerns but I assume, and in some instances we can only assume, that the spotlight this particular case has been given, both in this House and the Lower House, will ensure that no conflict will arise. However, I will convey the Senator's further concerns to the Minister.

David Norris (Independent)
Link to this: Individually | In context | Oireachtas source

I thank the Minister of State.