Finian McGrath (Dublin North Central, Independent)
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600. To ask the Minister for Justice and Equality her views on correspondence regarding the death of a person (details supplied); and if she will make a statement on the matter. [30624/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The correspondence supplied by the Deputy contains a request by a third party to have the particular case reviewed under the Independent Review Mechanism set up to consider allegations of Garda misconduct and inadequacies in the investigation of such allegations.

The Independent Review Mechanism was set up for the specific purpose of considering matters of, or relating to, Garda misconduct and was only ever intended as a temporary measure. I have received the recommendations of counsel in all of the 320 cases which were referred to the Independent Review Mechanism and I am in the process of issuing notification letters to the complainants in all 320 cases.

I should remind the Deputy that the Garda Síochána (Amendment) Act 2015 provided for the broadening of the scope for me as Minister to request GSOC to investigate any matter that gives rise to a concern that a member of the Garda has committed an offence or behaved in a manner that would justify disciplinary proceedings.

In this particular case a member of the Garda Síochána was charged with assault in relation to the incident. He was, however, acquitted by the Courts. As the Deputy is aware the position is that the Courts are, subject only to the constitution and the law, independent in the exercise of their judicial functions and the conduct of any court case is a matter entirely for the presiding judge. It is therefore not open to me as Minister to comment or intervene in any way in relation to how particular proceedings are conducted or on the outcome of those proceedings. In the circumstances I do not believe that a referral by me to GSOC, or any other action on my part, would be appropriate.

A copy of the correspondence was also forwarded to my Department by the Department of the Taoiseach and a reply has issued.