Joe Costello (Dublin Central, Labour)
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Question 21: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if a Garda investigation has been held into the circumstances in which a newspaper was apparently told that a person (details supplied) was known to the Gardaí, a term often used to describe a person involved in criminal activity; the results of such investigation; if he will confirm that the person was of good character; and if he will make a statement on the matter. [12907/07]

Martin Ferris (Kerry North, Sinn Fein)
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Question 54: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he made arrangements for an investigation, independent of An Garda Síochána, to be conducted into the source of comments reported in the media that a person (details supplied) was known to Gardaí; if so, the outcome of the investigation including whether disciplinary proceedings have been commenced; if there is an intoxilyser in Harcourt Terrace Garda Station; and the length of time that station has had the facility. [12976/07]

Joe Costello (Dublin Central, Labour)
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Question 83: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if the Gardaí investigation into the death of a person (details supplied) has been completed; the findings of such investigation; if he will request the Garda Ombudsman Commission to hold an investigation into this death, after it formally commences operations in April 2007; and if he will make a statement on the matter. [12906/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 21, 54 and 83 together.

I am informed by the Garda authorities that the incident referred to by the Deputies is under investigation under the direction of a Superintendent and when it is completed an investigation file will be submitted to the Law Officers. As the investigation is still ongoing, it would be inappropriate for me to comment further on it at this time.

I am also informed that it is not the policy of An Garda Síochána for official spokespersons to comment on the character of an individual. It is to be deeply regretted that some reports from unnamed sources initially attempted — with no foundation whatsoever — to put the character of the person referred to at issue.

I will make a Commencement Order shortly to enable the Garda Síochána Ombudsman Commission to commence taking complaints and undertaking investigations from 9 May 2007. From that date the Ombudsman Commission will be required to investigate any complaint concerning the death of, or serious harm to, a person as a result of Garda operations or while in the custody and care of An Garda Síochána.

Under section 102(6) of the Garda Síochána Act 2005 the Minister for Justice, Equality and Law Reform may in the public interest request the Ombudsman Commission to investigate any matter where it appears that a member of An Garda Síochána may have committed an offence or behaved in a way that would justify disciplinary proceedings. In addition, under section 102(4) the Ombudsman Commission may in the public interest decide to investigate any such matter, even where no complaint has been made.

It may be that on its own initiative the Ombudsman Commission may on its establishment decide to investigate this matter or, if needs be, I will consider using my own powers to refer the matter to them.

I am further informed that an intoxyliser evidential breath testing instrument is installed and operational in Harcourt Terrace Garda station since 21 December, 2006.