Written answers

Thursday, 30 October 2008

Department of Justice, Equality and Law Reform

Garda Investigations

6:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 153: To ask the Minister for Justice, Equality and Law Reform if he will support a matter (details supplied). [37751/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Garda authorities that, following an investigation of the criminal matter referred to by the Deputy, a person was arrested and charged with assault and a conviction recorded. The court also ordered compensation to be paid, and I understand this was done. As the Deputy is aware, the courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions, and it is not open to me to comment or intervene in any way on the conduct or decision of any individual court case which is entirely a matter for the presiding judge. I am further informed that policy and procedures, which reflect best international practices, have been introduced for the management and use of intelligence sources by members of the Garda Síochána.

All members of the public, including those who provide information to the Garda Síochána, are subject to investigation by the law enforcement agencies of the State. Where an offence is disclosed, the matter is investigated and an investigation file prepared for the law officers. The law officers, in the exercise of their independent role, determine the matter of criminal charges against any person in this jurisdiction. I am also informed that Garda management is not aware of any information relating to this case along the lines referred to by the Deputy.

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