Jerry Cowley (Mayo, Independent)
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Question 147: To ask the Minister for Justice, Equality and Law Reform his plans to establish an investigation unit for persons who feel that prosecutions should have been made in certain circumstances and were not; his views on same; and if he will make a statement on the matter. [28522/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The role of the Garda is to investigate alleged offences, to gather whatever evidence may be available and to submit a report to the Director of Public Prosecutions, DPP. The question of whether a particular person should be prosecuted, and for what criminal offence, is the responsibility of the DPP. The DPP, who is independent in the performance of his functions, makes his decision on the basis of the Garda findings viewed against the background of common and-or statute law. This is a long-standing principle of our system of justice.