Written answers

Tuesday, 9 June 2015

Department of Justice and Equality

Garda Misconduct Allegations

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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569. To ask the Minister for Justice and Equality to set out her views on correspondence (details supplied) regarding the justice system; and if she will make a statement on the matter. [22008/15]

Photo of Frances FitzgeraldFrances 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, all selected on the basis of their experience of the criminal justice system. Following the review of the complaint by counsel in this particular case a recommendation will be made to my Department.

I also understand that the person concerned has recently commenced a civil action against the State in respect of issues raised in the complaint. The Deputy will appreciate that in these circumstances it would not be appropriate for me to comment further on any particulars of this matter.

Photo of Clare DalyClare Daly (Dublin North, United Left)
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570. To ask the Minister for Justice and Equality if she will issue a report on the findings of the review mechanism into the tragic death of a person (details supplied) in 2008; and the proposed action that will be taken in this case in view of the severe pressure and stress that the family have been under. [22014/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The particular case to which the Deputy's question 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, all selected on the basis of their experience of the criminal justice system.

While the review of all the cases referred to the panel is not yet completed, my Department has received the recommendations of counsel in a significant number of cases. 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.

Having received the first batch of submissions on those cases which were completed, I was 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. 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 and ensures 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. Retired High Court Judge Mr Justice Roderick Murphy has agreed to undertake this task. I believe that Mr Justice Murphy's involvement in the process will offer additional reassurance to those whose cases were considered by the Panel.

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.

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