Written answers

Tuesday, 22 September 2015

Department of Justice and Equality

Garda Misconduct Allegations

Photo of Michelle MulherinMichelle Mulherin (Mayo, Fine Gael)
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597. To ask the Minister for Justice and Equality the status of the independent review; the number of cases that have been examined and if there is a decision made as to whether allegations of Garda misconduct or inadequacies are upheld or rejected; and if she will make a statement on the matter. [30568/15]

Photo of Clare DalyClare Daly (Dublin North, United Left)
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653. To ask the Minister for Justice and Equality the number of persons who have been contacted by the Independent Review Mechanism informing them of the outcome of their case; the number of those cases where follow-on action was recommended; the nature of that further action; and the reason other cases have not been communicated with. [31684/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 597 and 653 together.

The Deputies are referring to 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, with a view to determining to what extent and in what manner further action may be required in each case.

The panel of barristers established to conduct the review has provided recommendations to me in all 320 cases submitted to them and has therefore largely concluded its work. The process of the Independent Review has not been to act as a Commission of Inquiry or Investigation designed to make findings. Its purpose has been to triage the allegations to see if further investigations are needed.

I am mindful that all complainants are anxious to know the outcome of the review of their case and every effort is being made to conclude the process. In each case a submission will be prepared. Mr Justice Roderick Murphy will review the summary of the conclusion and the letter of notification drafted to ensure that they are a fair and accurate reflection of the recommendation.

The issuing of notification letters to complainants commenced on 29 June. Letters will continue to issue to all complainants until the process is completed. To date, notification letters have issued to approximately 120 complainants. In each case the notification letter sets out counsel’s summary of the issues, counsel’s recommendations and the matters taken into account by counsel in arriving at this view (including such matters as the statutory independence of various bodies with whose decisions I, as Minister, cannot interfere).

I have accepted counsels’ recommendations in all cases considered. In 15 cases to date, I have taken further action in accordance with provisions of the Garda Síochána Act 2005. In 6 cases, I have sought a report from the Garda Commissioner (pursuant to section 41(2) of the Act). In a further 9 cases, I have requested the Garda Síochána Ombudsman Commission to investigate complaints (pursuant to section 102(5) of the Act). In addition, a further 3 cases, although I have not taken any further formal action, I have requested the Garda Commissioner to communicate with the complainant and where appropriate to appoint a liaison officer.

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