Joe Costello (Dublin Central, Labour)
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Question 140: To ask the Minister for Justice, Equality and Law Reform if, in the aftermath of the Morris tribunal, other alleged miscarriages of justices are being investigated by the authorities; and if he will make a statement on the matter. [40471/08]

Dermot Ahern (Louth, Fianna Fail)
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The Morris Tribunal of Inquiry was established by the Minister for Justice, Equality and Law Reform in March 2002 to inquire into allegations arising from a unique set of circumstances surrounding the activities of some members of An Garda Síochána in Donegal. Mr. Justice Morris and his team in producing eight comprehensive and conclusive reports have performed a huge service for An Garda Síochána and the public. Even so, I am sure that the Deputy will agree that it would neither be desirable nor practicable to establish a Tribunal of Inquiry whenever a miscarriage of justice is alleged.

What the Government has done however, as noted by Mr Justice Morris, is to establish a new and independent body to consider complaints against members of the Garda Síochána. The Garda Síochána Ombudsman Commission is independent in the exercise of its functions and its membership comprises persons of the highest calibre chosen by Government, approved by the Houses of the Oireachtas and appointed by the President. It is chaired by a High Court Judge and has almost 100 staff which is five times the staffing complement of its predecessor the Garda Síochána Complaints Board. Included in that staffing complement is an independent investigative capacity with considerable professional expertise. It is empowered directly to investigate all complaints, including those complaints where the complainant feels that he or she or another person has been the victim of a miscarriage of justice as a result of Garda misconduct. It also has the power to investigate of its own motion, without a complaint having to be made, and where it is desirable in the public interest, any matter that appears to it to indicate that a member of the Garda Síochána may have committed an offence, or behaved in a manner that would justify disciplinary proceedings. The Minister may also request the Ombudsman to investigate any such matter.

Finally, and as Mr. Justice Morris has also pointed out in paragraph 15.05 of his Sixth report, section 2 of the Criminal Procedure Act 1993 facilitated for the first time a review of a criminal conviction even if there had been an unsuccessful appeal, if a newly discovered fact demonstrates to the Court of Criminal Appeal that there has been a miscarriage of justice.