Joan Collins (Dublin South Central, United Left)
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8. To ask the Minister for Justice and Equality if she is including the historical case of persons (details supplied) in the terms of reference for the commission of investigation into the Guerin report. [1369/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy is referring to the draft Order proposing the establishment of a Commission of Investigation which I published on 19 December 2014, and which includes the terms of reference for the Commission. This Commission of Investigation arises on foot of the recommendations of Mr Seán Guerin, SC, in his report of 6 May 2014 to An Taoiseach, based on his examination of how allegations made by Sergeant Maurice McCabe concerning certain cases connected to the Cavan/Monaghan Garda Division were handled. All of the matters recommended by Mr Guerin SC for inclusion in a Commission of Investigation are included in the terms of reference.

The case referred to by the Deputy is amongst the complaints being considered under 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, all selected on the basis of their experience of the criminal justice system. The review of each complaint will consist of an examination of the papers in the complaint by a counsel from the panel. Following the review of each complaint a recommendation will be made as to whether any further action is desirable and could practicably be taken.

I would assure the Deputy that where further investigation is recommended by the review then that will occur. However I would also make the point again that in many cases, counsel may recommend that no further action can reasonably be taken. This might be, for example, because a case has already been through due process even though the complainant remains unhappy with the outcome. The crucial point, however, is that every case will have been reviewed by independent counsel, who will have made an objective recommendation.

Where counsel do recommend further investigations, I will be very strongly guided by that advice. Clearly, there are a number of possible options for further investigations, in particular by way of referral to GSOC, but any recommendation for referral of a case to a commission of investigation will be very carefully considered, including whether this could be achieved by way of amending the terms of reference of an existing commission or the establishment of a separate commission.