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. This was one of the actions agreed by Government as a response to the Guerin report. A panel consisting of two Senior and five Junior Counsel, all selected on the basis of their experience of the criminal justice system, was established for the purpose.

The independent review is now underway, and is currently examining 318 cases which have been referred to them. 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 reasonably practicable.

Counsel have been asked to make a recommendation to me on what action, if any, might be appropriate in each case. It is open to the review mechanism to make recommendations as they see fit in relation to each case. In making a recommendation they would, however, have to take account of the doctrine of the separation of powers which prevents me, as a Minister of the Government, from intervening in a matter which is either before the Courts, whether criminal or civil, or which has been the subject of a decision by the Courts.