Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 301: To ask the Minister for Justice, Equality and Law Reform if he has furnished a response to correspondence from a person (details supplied); the steps being taken to address the issues raised; and if he will make a statement on the matter. [43917/08]

Dermot Ahern (Louth, Fianna Fail)
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Section 12 of the Immigration Act 2004 allows members of the Garda Síochána to require a non-national to produce on demand a valid passport or other equivalent document, issued by or on behalf of an authority recognised by the Government, which establishes his or her identity and nationality. Members of the Garda are, of course, aware that Irish citizens are not required to carry proof of their citizenship. At the same time, however, it cannot be the case that any foreign national could, by simply claiming to be Irish, negate Ireland's immigration laws and in particular the requirement to carry identification. Members of the Garda may on occasion need to carry out certain checks in order to confirm a person's identity and citizenship. The Garda Customer charter outlines the Garda Síochána's commitment to respecting customers and their needs, protecting human rights, and ensuring a caring service approach.

Members of the Garda Síochána are not subject to direction by me in the discharge of their powers under section 12 of the Immigration Act 2004. However I can say that the Garda Síochána Ombudsman Commission is charged with ensuring that admissible complaints made against members of the Garda Síochána are examined in a way which is both transparent and equitable and increases public confidence in the force. The Commission is independent in the exercise of its functions and is not subject to direction by the Minister or the Garda Commissioner in relation to the manner in which complaints are investigated. The Commission's powers include the power to refer a complaint to the Garda Commissioner for investigation. It also has the power to have the matter investigated by one of its own trained investigative staff. If the ombudsman commission decides to refer a case to the Garda Commissioner for investigation, it can do so with or without supervision and can take over a case if it is not satisfied with the progress or even the outcome of an investigation. The ombudsman commission therefore retains ultimate control over every investigation.

A complaint may be made to any member of the Garda Síochána at any Garda station; to any member of the Garda Síochána at or above the rank of Chief Superintendent at a place other than a Garda station; to the Garda Commissioner or directly to an officer or member of the Garda Síochána Ombudsman Commission. A complaint may also be made directly to the Garda Síochána Ombudsman Commission by calling in person to the Dublin office during the stated hours of public business; in writing; by fax; or by using www.gardaombudsman.ie. A response to the letter referred to by the Deputy will issue in due course.