Finian McGrath (Dublin North Central, Independent)
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364. To ask the Minister for Justice and Equality the reason key evidence concerning the death of a person (details supplied) has not been made available to the Director of Public Prosecutions, the family and their legal counsel, in view of the correspondence; and if she will make a statement on the matter. [26004/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I have no role in the investigation, prosecution or trial of alleged offences. This is a long standing principle of our system of justice. The role of An Garda Síochána is to investigate alleged offences, to gather whatever evidence may be available and to submit a report to the DPP. Furthermore, the DPP is an independent prosecutorial authority and I am precluded for interfering in any way with her decisions.

I am, however, advised by the Garda Commissioner that a review of the evidence referred to by the Deputy is underway to see if they were examined as part of the original investigation, the subsequent review and their importance or relevance.

The examination of any evidence in the context of a criminal investigation is an operational matter for the Garda Commissioner. I have no function in this regard. However, I understand that legal advice has been sought by the Garda Síochána in relation to permitting the family to have access to the evidence in a controlled environment.

The case 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, all selected on the basis of their experience of the criminal justice system, was established for the purpose.

I have already indicated that I have decided to appoint a former judicial figure to advise on the preparation of notification letters to those whose cases were referred to the Panel in relation to the recommendations made by counsel. Retired High Court Judge Mr Justice Roderick Murphy has agreed to undertake this task.

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.