Mick Wallace (Wexford, Independent)
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119. To ask the Minister for Justice and Equality the number of cases to date that have been referred to the independent review mechanism; the number of these cases that have been concluded; and if she will make a statement on the matter. [19530/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As I stated in the response to the priority PQ from Deputy Collins the mechanism established for the independent review of certain allegations of Garda misconduct was an unprecedented step by this Government to bring independence and objectivity to bear on the examination of those allegations.

A panel consisting of two Senior and five Junior Counsel was established for this purpose, all selected on the basis of their experience of the criminal justice system. They have been asked to examine the papers in each case with a view to determining whether further action is warranted and practical.

A total of 319 complaints were referred to the panel of counsel. I should say that the volume and complexity of cases has led to the review taking longer than originally anticipated. However, I'm sure that Deputies will agree that it is important that counsel take the time necessary to consider each case fully and carefully. Indeed, the very number and variety of cases makes the work of counsel all the more important. There are many cases which have already been through some form of process, whether that involves the courts or GSOC or some other body. The issues in the cases also range considerably, from tragic deaths to property disputes. Clearly such a number and range of cases must be carefully triaged to see if further action is warranted.

While the review of all the allegations is not yet completed, my Department has received the recommendations of counsel in a significant number of cases. I have now received the first batch of submissions on these cases and clearly I want to start the process of writing to everyone concerned as soon as possible.

I will consider the recommendations of counsel extremely seriously, and as a general comment let me say that I cannot easily imagine circumstances where I would not follow such recommendations. In communicating with individuals, I am also anxious not only to set out the recommendation of counsel and my decision on it, but to outline as far as possible the reasons for the recommendation, subject to any legal constraints there may be. The legal advice of counsel contains in many cases comments relating to third parties, and clearly great care will have to be taken in setting out the main points made by counsel in a way which respects the rights of everyone concerned.

This process will therefore have to be carefully and appropriately managed, so as to reflect the independence and objectivity which have been the hallmark of this process to date.

I have therefore decided to appoint a former judicial figure to advise on the preparation of the letters. I believe it is better to take that time now so as to provide complete reassurance on the probity and independence of this entire process, from start to finish. I hope the House can accept that what I have decided about communicating decisions is the right course of action to take.

While it would not be appropriate to publish individual recommendations, I have considered how best information on the outcome of this process could be made public. In this regard, I have asked counsel, in addition to making recommendations in individual cases, to produce a general overview of the issues and trends which featured in this process. I believe that this may lead to the identification of issues and recommendation for change across a number of areas, which I hope will enable us to address some of the general and thematic concerns raised by those persons whose cases were examined by counsel. The report, when received, will be published by me.