Written answers

Tuesday, 3 November 2015

Department of Justice and Equality

Garda Misconduct Allegations

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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598. To ask the Minister for Justice and Equality what action she intents to take in the case of the death of a person (details supplied) in examining the conduct of the An Garda Síochána and the Director of Public Prosecutions in the ensuing investigation; and if she will make a statement on the matter. [38240/15]

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 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.

The Panel established for that purpose has provided recommendations to me in all 320 cases submitted to them and has therefore largely concluded its work. The issuing of notification letters to complainants commenced on 29 June. To date, 259 complainants have been notified of the outcome of the review of their cases. Letters will continue to issue to all complainants, including the case referred to by the Deputy, until the process is completed.

It should be noted, however, that the Review Mechanism's remit is allegations of Garda misconduct, or inadequacies in the investigation of such allegations. Insofar as any complaints in relation to the DPP are concerned, I must point out that the Office of the Director of Public Prosecutions is independent and that I, as Minister, have no legal role in relation to its functions. I also understand that the person concerned has commenced a civil action against the State in respect of issues raised in the complaint. The Deputy will appreciate that in these circumstances it would not be appropriate for me to comment further on any particulars of this matter.

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