Written answers

Wednesday, 7 July 2010

Department of Justice, Equality and Law Reform

Garda Disciplinary Proceedings

12:00 pm

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Question 232: To ask the Minister for Justice and Law Reform if his attention has been drawn to correspondence between persons (details supplied) and the Assistant Garda Commissioner for the western region, regarding complaints about defects, inadequacies and incompetence in the conduct of Garda Síochána disciplinary proceedings against a member arising from the Garda investigation; if he has sought information on these complaints; if he is satisfied the disciplinary proceedings were conducted in an appropriate manner; and if he will make a statement on the matter. [30662/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I have been informed by the Garda Commissioner that the incident referred to occurred in 2004 and was the subject of an investigation by An Garda Síochána. This investigation led to a person being charged with dangerous driving causing death contrary to Section 53 of the Road Traffic Act, 1961, as amended. The person charged was found not guilty of this offence by a jury at Ennis Circuit Court on 16th May, 2006.

Disciplinary matters in An Garda Síochána are the responsibility of the Garda Commissioner. I have been informed that this case was the subject of an investigation under the Garda Síochána (Discipline) Regulations, 1989, which resulted in a Sworn Inquiry being held. The inquiry found that three (3) members of An Garda Síochána were negligent in their duty and substantial fines were imposed on all three (3) members. On appeal, the charges were set aside against two (2) members, while the decision of the Sworn Inquiry was upheld in the case of the third member and a financial penalty was imposed.

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