Written answers

Tuesday, 21 May 2013

Department of Justice and Equality

Garda Síochána Ombudsman Commission

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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539. To ask the Minister for Justice and Equality his views on the length of time for cases to be dealt with by the Ombudsman; and if he will make a statement on the matter. [24142/13]

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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546. To ask the Minister for Justice and Equality if he is considering undertaking a review of the Garda Síochána Act 2005 in view of reports that there have been delays in information relevant to investigations being provided to the Garda Síochána Ombudsman Commission by an Garda Síochána during the course of investigations carried out by the GSOC. [24156/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 539 and 546 together.

I regard full co-operation by the Garda Síochána with the Garda Ombudsman Commission as an extremely important issue. There are agreed protocols in place provided for under the Garda Síochána Act 2005, which set down time limits for the provision of information by the Garda Síochána to the Ombudsman Commission, and I regard it as a matter of substantial importance that these protocols should be respected.

As Deputies will be aware, the Ombudsman Commission recently raised some concerns, in the context of a particular case, regarding delays in receiving information from the Garda Síochána. As I stated at the time, I have asked the Garda Commissioner for his observations on the findings of the Ombudsman Commission, particularly in relation to what they say about delays. When I have received these observations, I intend to convene a meeting with the Garda Commissioner and the Ombudsman Commission to make sure that any difficulties have been resolved. The issue of delays is also dealt with in the annual report of the Ombudsman Commission for 2012 which I will very shortly be laying before the House, and which will provide an opportunity for further discussion on its work.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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540. To ask the Minister for Justice and Equality if he will provide, in tabular form on an annual basis since the establishment of the Garda Síochána Ombudsman Commission, the number of investigations undertaken by the GSOC in which files relevant to the investigation were not forwarded to the GSOC from An Garda Síochána within the required 30 day time limit; and if he will provide a breakdown of the length of delays involved where files relevant to such investigations have not been supplied to the GSOC within the 30 day time limit. [24150/13]

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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541. To ask the Minister for Justice and Equality if he will provide, in tabular form on an annual basis since the establishment of the Garda Síochána Ombudsman Commission, the number of complaints received by the GSOC which involve investigations into road traffic accidents, in which families made a complaint following the death or serious injury of a family member and in which the complaint relates to the conduct of a member of an Garda Síochána; the number of such complaints deemed admissible; the number of admissible complaints in which files relevant to the investigation were supplied to the GSOC by an Garda Síochána within the 30 time limit. [24151/13]

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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542. To ask the Minister for Justice and Equality if he will provide, in tabular form on an annual basis since the establishment of the Garda Síochána Ombudsman Commission, the number of complaints received by the GSOC which involve investigations into road traffic accidents, in which families made a complaint following the death or serious injury of a family member and in which the complaint relates to the conduct of a member of an Garda Síochána; the number of such complaints deemed admissible in which files relevant to the investigation were not supplied to the GSOC within the required time limit of 30 days; in investigations where files were not supplied to the GSOC within the relevant time period of 30 days, the reasons for the delays as outlined by An Garda Síochána; and the number of occasions when members of An Garda Síochána sent correspondence to the GSOC to explain the reasons in delays for supplying files relevant to investigations. [24152/13]

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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543. To ask the Minister for Justice and Equality if he will provide, in tabular form on an annual basis since the establishment of the Garda Síochána Ombudsman Commission, the number of complaints received by the GSOC which involve investigations into road traffic accidents, in which families made a complaint following the death or serious injury of a family member and in which the complaint relates to the conduct of a member of an Garda Síochána; the number of admissible complaints wherein members of An Garda Síochána refused to supply files relevant to the investigation of the complaint and the reasons for these refusals. [24153/13]

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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544. To ask the Minister for Justice and Equality if he will provide, in tabular form on an annual basis since the establishment of the Garda Síochána Ombudsman Commission, the number of complaints received by the GSOC which involve investigations into road traffic accidents, in which families made a complaint following the death or serious injury of a family member and in which the complaint relates to the conduct of a member of an Garda Síochána; the number of admissible complaints investigated by the GSOC in which members of An Garda Síochána were found guilty of wrongdoing; if he will outline examples of wrongdoing contained in the findings of the GSOC; the number of members consequently disciplined by the GSOC in these circumstances; and if he will give a breakdown of the various disciplinary actions taken by the GSOC for members found guilty of such wrongdoing. [24154/13]

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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545. To ask the Minister for Justice and Equality if he will provide, in tabular form on an annual basis since the establishment of the Garda Síochána Ombudsman Commission, the number of complaints received by the GSOC which involve investigations into road traffic accidents, in which families made a complaint following the death or serious injury of a family member and in which the complaint relates to the conduct of a member of an Garda Síochána; the number of investigations of complaints which were upheld by the GSOC; and the number of such complaints that are outstanding at present and the duration of the delays involved in outstanding investigations of this nature. [24155/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 540 to 545, inclusive, together.

Under section 102 of the Garda Síochána Act, 2005 the Garda Commissioner is obliged to refer to the Garda Síochána Ombudsman Commission any matter that appears to the Garda Commissioner to indicate that the conduct of a member of the Garda Síochána may have resulted in the death of, or serious harm to, a person. Since commencement of its operations in 2007, the Ombudsman Commission received a total of 26 referrals pursuant to section 102 concerning road traffic fatalities. These 26 referrals pertained to the death of 30 individuals, including civilians and members of the Garda Síochána. All 26 referrals have been closed following consideration.

In 22 of the 26 referrals, no Garda misbehaviour was identified and no further action was deemed warranted by the Ombudsman Commission. Four files were submitted to the Office of the Director of Public Prosecutions who directed “no prosecution” in relation to three of these cases. One member of the Garda Síochána was convicted following prosecution. I am advised by the Ombudsman Commission that they regret that the other statistical information requested by the Deputy is not readily available and would involve the compilation of statistical data over several years, the generation and collation of which would place an inordinate burden on the organisation in terms of time and resources. The Deputy, however, may be interested in the data provided in the Annual Reports which are available from the website of the Ombudsman Commission (www.gardaombudsman.ie).

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