Written answers

Wednesday, 27 January 2016

Department of Justice and Equality

Garda Investigations

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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13. To ask the Minister for Justice and Equality to establish an independent inquiry into the actions of all relevant State agencies related to the circumstances surrounding the death of a person (details supplied); and if she is aware of the deep distress caused to the family of the person in their experience with the independent review mechanism. [3043/16]

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, 307 complainants have been notified of the outcome of the review of their cases.

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.

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.

In circumstances where individuals have genuine but necessarily subjective concerns about how their particular cases were originally handled, it is inevitable that many of those complainants who were informed that no further action was recommended, will be unhappy with that outcome. The crucial point, however, is that every case has been reviewed by independent counsel, who have made an objective recommendation.

The outcome of the review in the particular case referred to by the Deputy, issued last month. I should mention that my predecessor referred aspects of their particular case to the Garda Síochána Ombudsman Commission and I understand that investigation has not concluded.

The House will appreciate too that a civil action has been initiated against the State in respect of issues raised in the complaint and we must all appreciate the need not to prejudice in any way these proceedings.

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