Written answers

Tuesday, 23 June 2015

Department of Justice and Equality

Inquiries into Garda Activities

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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361. To ask the Minister for Justice and Equality the status of a request for an independent inquiry (details supplied); and if she will make a statement on the matter. [24694/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The particular case to which the Deputy 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.

The first batch of draft submissions and letters of notification of the outcome of the review have been submitted to me for consideration. I believe that it is in the best interests of all concerned that an independent element should now be brought into this part of the process. At my request, retired High Court Judge Mr Justice Roderick Murphy has agreed to undertake the task of overseeing the preparation of the letters of notification. Mr Justice Murphy will be in a position to independently vouch for the fact that the summaries of conclusions and the reasoning behind them, as set out in the letters of notification, are a fair and accurate reflection of the recommendation which has been made to me as Minister. I believe that Mr Justice Murphy's involvement in the process will offer additional reassurance to those whose cases were considered by the Panel as to the probity and independence of this entire process, from start to finish.

Following the review of the complaint by counsel in this particular case a recommendation will be made to my Department and the outcome will be notified to the person concerned as soon as possible.

The Panel is independent and therefore no restriction can be placed on the nature of recommendations which they might make. I am aware of requests that the person concerned, her legal representatives and other third parties have made to have her complaints investigated by a Commission of Investigation. Where counsel do recommend further investigations, I will be very strongly guided by that advice. Should I receive any recommendation for referral of a case to a Commission of Investigation, this 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.

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