Finian McGrath (Dublin North Central, Independent)
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318. To ask the Minister for Justice and Equality the mechanism she has put in place to address the issue of irregularities in the case of a person (details supplied); if she will initiate a full independent public inquiry into the tragic killing of this person; and if she will make a statement on the matter. [2210/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The particular case to which the correspondence refers is amongst those 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, or other public representatives 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 counsel appointed to the panel were 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.

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. The person who has raised the complaint in this matter has been advised of these arrangements as has her legal representative.

Each recommendation that is made by the Panel will be very carefully considered, but as a matter of general principle let me say quite clearly that, in coming to a decision in each case, I will be very strongly guided by the independent advice of counsel. Quite clearly, having engaged counsel for this review, it would be entirely appropriate to be guided by their advice. For this reason, it would not be appropriate to comment upon the potential outcome of individual complaints being reviewed by this mechanism before I have received and considered counsel's recommendation therein.​