Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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297. To ask the Minister for Justice and Equality why she did not request the exhumation of a deceased person (details supplied); if she will issue an exhumation order; if she will request an independent inquiry into the serious allegations made against An Garda Síochána regarding the circumstances surrounding the death of the person; and if she will make a statement on the matter. [3275/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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A request for an exhumation in the case referred to by the Deputy was made to a former Minister in 2006. The request was made by the Coroner for the Dublin County area under Section 47 of the Coroners Act, 1962. The then Minister for Justice, Equality and Law Reform, Mr. Michael McDowell, considered the request, and having weighed up all of the relevant circumstances, decided not to make an exhumation order as he was not persuaded that the making of an order would be warranted, proportionate or justifiable. He issued a press statement to the above effect on 8 June, 2006 which is available on the Department’s website at . In my view, the circumstances have not altered in the interim and I do not propose to make an exhumation order in this case.

The case was 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 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 was established for that purpose.

The Panel 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, 307 complainants have been notified of the outcome of the review of their cases. Letters will continue to issue to all complainants, until the process is completed which I expect will be very shortly as we are nearing the end of the process. The outcome of the review in this complainant's case issued last month.

I have repeatedly emphasised that the Independent Review Mechanism was not established to act as a Commission of Inquiry or Investigation. Nor was it designed to make findings. Its purpose was to triage the allegations to see whether further action was needed and what that action would be. Accordingly, the question of the exhumation of the remains of the deceased in this instance did not arise.

I have previously assured Deputies that where further investigation has been recommended by the review then that will occur. However, I have also pointed out that in a large proportion of cases, counsel would be likely to recommend that no further action could reasonably be taken. This has proven to be the case. The crucial point, however, is that every case has been reviewed by independent counsel, who have made an objective recommendation.