Written answers

Wednesday, 27 January 2016

Department of Justice and Equality

Garda Misconduct Allegations

Photo of Clare DalyClare Daly (Dublin North, United Left)
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19. To ask the Minister for Justice and Equality the proposed actions of the independent review mechanism, with particular reference to the number of cases where follow-on action was recommended; the nature of the follow-on action. [3015/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy is 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.

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. It is also important to emphasise that the range of matters covered by the cases referred to the Panel was very wide. They included property disputes, probate issues, disputes between neighbours, dissatisfaction with the outcome of civil and criminal court actions as well as decisions of the DPP and GSOC. These are all matters in which I, as Minister, have no role. Nevertheless, they were considered by the Panel despite the fact that, at face value, they were outside the remit of the IRM.

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.

I have previously assured Deputies that where further investigation is recommended by the review then that will occur. Where cases have resulted in recommendations for further action, I have accepted those recommendations. These include referral to the Garda Síochána Ombudsman Commission (GSOC), requesting a report from the Garda Commissioner in accordance with section 41(2) of the Garda Síochana Act 2005, establishment of an inquiry under section 42(1) of the Garda Síochána Act 2005, establishment of a non-statutory inquiry and appointment of a Legal Assessor. I have already indicated that where an inquiry is to be set up, I will consult the Attorney General about all the matters that need to be taken into account in this regard.

As I have stated before, I will make a comprehensive statement on all matters relating to the process once it is completed, including an overview of the outcomes of cases. I have also asked counsel to produce a general overview report on the issues and trends which featured in this process.

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