Written answers

Tuesday, 18 November 2014

Department of Justice and Equality

Garda Misconduct Allegations

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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104. To ask the Minister for Justice and Equality if she will provide an update on the special barristers panel review of a case (details supplied); the time frame as to when the panel will report back; if the panel or her Department plan to contact the person in relation to the details of the case under review; if she will respond to correspondence and questions submitted some time ago by the person's legal representative for which there has been no reply to date; and if she will make a statement on the matter. [43825/14]

Photo of Frances FitzgeraldFrances 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, to the Taoiseach, or to other public representatives, with a view to determining to what extent and in what manner further action may be required in each case. This was one of the actions agreed by Government as a response to the report by Seán Guerin. A panel consisting of two Senior and five Junior Counsel was established for the purpose.

The independent review is well underway and 305 cases have been referred to them. This is a significant number of cases, and higher than originally estimated, but I think it was important to refer to the panel all of the allegations on hand, so as to ensure that every case where concerns have been expressed would get the benefit of an independent review. I do think that it is important to say that one outcome of such a review is that in many instances no further action may be recommended. This is to some extent inevitable in circumstances where, on the one hand, individuals have genuine but necessarily subjective concerns about how their particular cases were originally handled and, on the other hand, counsel have to examine objective evidence and especially whether those cases have been through due process, even if the persons involved remain unhappy with the outcome of that process.

I expect recommendations to be submitted in due course and action will be taken in light of the recommendations made by Counsel on the Panel, and each complainant and/or public representative will be notified accordingly.

The availability of Counsel due to the operation of the Courts calendar together with the volume of complaints submitted means that it will take a little longer than originally anticipated. It is important, however, that nothing arises which might detract from the integrity of the review mechanism and, in any event, it would be wrong to place a time constraint upon the working of the Panel. I can assure the Deputy, however, that the counsel aim to conclude their work as soon as possible.

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