Clare Daly (Dublin North, United Left)
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589. To ask the Minister for Justice and Equality in view of statements from her Department, in response to the Independent Review Mechanism overview of cases of Garda Síochána malpractice, where she stated that as the Garda Síochána Ombudsman Commission was independent of her office, it would be inappropriate for her to intervene or to request the Commission to release documents sought by a person, the basis for these statements; the recourse that is available to a citizen who is unsatisfied by the findings of the Commission; her proposals to deal with this lack of oversight and transparency; and if she will make a statement on the matter. [30462/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Garda Síochána Ombudsman Commission (GSOC) was established as a statutory independent body, under the Garda Síochána Act 2005, to provide independent oversight of complaints made against members of the Garda Síochána. It commenced operations on 9 May 2007.

GSOC has a hugely important role in ensuring that public confidence in the Garda Síochána is safeguarded, and has extensive powers under the 2005 Act to enable it to carry out its responsibilities. The Oireachtas recently enacted the Garda Síochána (Amendment) Act 2015 to reform, strengthen and clarify the remit and operation of GSOC. This is a key element of the Government's programme of justice reform and it was commenced in its entirety on 27 April 2015.

The Garda Síochana Act stipulates that GSOC is independent in the exercise of its functions and I, as Minister, have no role in the processing of individual complaints which are referred for investigation. Indeed, it is this guarantee of independence which is the hallmark of effective oversight. It is important that we all respect the independence of bodies such as GSOC.

The power given to the Minister to refer a case to GSOC in accordance with Section 102 of the 2005 Act, as amended, does not confer a power on me in determining how GSOC carry out their investigation or the outcome. Once GSOC has received a complaint it is a mater for them alone to carry out any investigation and arrive at their conclusion.

The Deputy will be aware that there is a mechanism in the 2005 Act to inquire into the conduct of GSOC designated officers.Mr Justice Frank Clarke of the Supreme Court is carrying out such an inquiry. I do not propose to comment further on this particular matter at this stage.

Where a person is dissatisfied with the outcome of an investigation devolved to the Garda Commissioner under section 94 of the Act that person may request the Commission to review the investigation. In all other respects where a person is unhappy with the findings of the Commission they must take it up with the Commission itself. If they remain dissatisfied it would be necessary for them to seek independent legal advice.