Mick Wallace (Wexford, Independent)
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333. To ask the Minister for Justice and Equality the terms of reference for those tasked with the independent review mechanism; the set of rules that apply to the practice and procedure of the mechanism; the full set of possible remedies that may arise once these reviews are concluded; if the reviews will be provided without redaction to the families and complainant; any appeal mechanism that applies from her decision; the reason she chose this method to properly investigate these claims; and if she will make a statement on the matter. [10311/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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This Government, as part of its response to the report by Seán Guerin SC, took the initiative to have an independent review carried out of the allegations of Garda misconduct which had been submitted to my Department, to the Office of the Taoiseach and a number of other public representatives. This unprecedented decision was taken with a view to getting an objective and independent legal view on whether further action might be warranted in any case.

As the Deputy is aware, a panel consisting of two senior and five junior counsel was established for that purpose, all selected on the basis of their experience of the criminal justice system. The independent review is well underway and 316 cases have been referred to the Panel. The volume and complexity of cases has led to the review taking somewhat longer than originally anticipated, but it is important that counsel take the time necessary to consider each case fully and carefully. Counsel are making every effort to conclude their work as soon as is reasonably practicable.

The review in each case consists of an examination of the papers by independent counsel, who then make a recommendation as to whether any further action might be taken. [I know that some Deputies have argued that the review should have involved interviews with the complainants and other relevant persons, but with respect I think that is to misunderstand this process.] The purpose of the review is to triage the allegations to see if further investigations are needed. To have required counsel to hold hearings where they would interview everyone concerned would in effect have been to hold full-scale investigations into over 300 cases, without having made any attempt to see if this was necessary or practical.

The Panel is an independent body of counsel and the method of review is a matter for senior counsel who, in addition to examining individual complaints, are required to advise the Department generally on the management of the process, take a joint lead in allocating cases to junior counsel, and jointly oversee recommendations with a view to ensuring as far as possible a consistency of approach, except of course where a potential conflict of interest might arise. Arrangements have been put in place to ensure that if there is any conflict, or potential conflict, the conflicted counsel not only will not be involved in the particular complaint, 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.

Counsel will not be making decisions, but rather making recommendations, and the question of appeals does not therefore arise.The recommendation in each case is a matter for counsel. 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.Where counsel do recommend further investigations, I will be very strongly guided by that advice.However, I would also make the point 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.

Consideration is currently being finalised in relation to the format and content of replies to complainants, and the objective will be to ensure that each complainant receives as comprehensive an answer as possible.