Written answers
Wednesday, 17 September 2014
Department of Justice and Equality
Garda Investigations
Finian McGrath (Dublin North Central, Independent)
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561. To ask the Minister for Justice and Equality if she will investigate the appointment of a person to investigate 221 cases of Garda irregularity (details supplied); and if she will make a statement on the matter. [33031/14]
Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy is referring to the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach, with a view to determining to what extent and in what manner further action may be required in each case. A panel consisting of two Senior and five Junior Counsel was established for the purpose. The person referred to by the Deputy is a member of this panel. The counsel appointed to the panel were all selected on the basis of their experience of the criminal justice system.
Having regard to the scope of the review, there is always the possibility that a conflict of interest may arise. The review of each complaint will consist of an examination of the papers in the complaint by a counsel from the panel. The counsel are all fully aware of and share my concerns that nothing arises which might in any way detract from the integrity of the review mechanism, including issues of conflict of interest. Arrangements have been put in place to ensure that if there is any conflict, or potential conflict, the particular counsel not only will not be involved in the particular case but also will not be aware of which counsel is reviewing it. This is normal professional conduct and there are sufficient counsel on the panel to ensure the practicality of this. Whatever steps are necessary will be taken to ensure there is no conflict of interest.
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