Paul Gogarty (Dublin Mid West, Green Party)
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Question 465: To ask the Minister for Justice, Equality and Law Reform when a report will be issued in relation to complaints made by a person (details supplied) to the Garda Commissioner regarding the way named members of the Garda Síochána handled their case; the redress available should any performance of duties be found to be less than satisfactory; and if he will make a statement on the matter. [30054/05]

Paul Gogarty (Dublin Mid West, Green Party)
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Question 466: To ask the Minister for Justice, Equality and Law Reform the status of the investigation into the incident of alleged rape (details supplied); if prosecution is likely to be issued and the reason for such a decision; if the person against whom the allegations are being made already has a criminal record. [30055/05]

Paul Gogarty (Dublin Mid West, Green Party)
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Question 467: To ask the Minister for Justice, Equality and Law Reform the status of the investigation into the incident of alleged sexual assault (details supplied); if prosecution is likely to be issued and the reason for such a decision; if the person against whom the allegations are being made already has a criminal record. [30056/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 465 to 467, inclusive, together.

I have been informed by the Garda authorities that individuals have the opportunity to have complaints dealt with by the Garda Síochána complaints board or have them dealt with by the Garda authorities. The person named in the question has had complaints dealt with to a conclusion by the Garda Síochána complaints board. Recent correspondence to the Commissioner from the named person recounting several incidents, which had previously been investigated by the Garda Síochána complaints board, is being investigated by the Garda authorities.

I am further informed that a full investigation into the two other incidents that are the subject of the Deputy's questions was carried out and submitted to the Office of the Director of Public Prosecutions. A decision was made by the DPP that no prosecution was to take place. The role of the Garda is to investigate alleged offences, gather whatever evidence may be available and submit a report to the 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.