Written answers

Tuesday, 31 May 2016

Department of Justice and Equality

Court Orders

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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106. To ask the Minister for Justice and Equality to investigate the behaviour of members of An Garda Síochána during an eviction (details supplied), specifically gardaí permitting breaches of the Road Traffic Acts. [12531/16]

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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223. To ask the Minister for Justice and Equality if she is has been made aware of reports of intimidation by gardaí accompanied by persons in balaclavas when carrying out evictions (details supplied); the measures she is taking to prevent intimidating behaviour of this nature; and if she will make a statement on the matter. [13478/16]

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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224. To ask the Minister for Justice and Equality if members of An Garda Síochána are required to present a warrant in person when carrying out evictions or if it is sufficient for the warrant to be in the courthouse; and if she will make a statement on the matter. [13479/16]

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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225. To ask the Minister for Justice and Equality the procedures and rules for gardaí carrying out evictions; if there are guidelines on how many persons are permitted to accompany the garda carrying out the eviction; if all persons accompanying the garda must be members of An Garda Síochána; if all persons carrying out evictions must be identifiable with identification cards; and if she will make a statement on the matter. [13480/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 106 and 223 to 225, inclusive, together.

As the Deputies are aware, I have no role in relation to executing court orders. The courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions. It is therefore not open to me to comment or intervene in any way on the conduct or decision of a particular court case which is a matter entirely for the presiding judge.

The Sheriff (or County Registrar acting as Sheriff) is responsible to the Court for the Enforcement of the Court Orders and the law and procedures governing the execution of Court Orders is contained in the Enforcement of Court Orders Acts, 1926 to 1940 and the Rules of Court made thereunder and I have no function in this matter.

Any dispute in relation to the enforcement of a Court Order is a matter for the Courts.

The Garda Commissioner is directly responsible for operational matters, including the direction and control of Garda members and I have no direct role in relation to these matters. It is of course open to any person who has a concern about the behaviour of members of the Garda Síochána to register a complaint with the Garda Síochána Ombudsman Commission (GSOC) which is the independent body established by law, with extensive powers, to investigate any allegations of Garda wrongdoing.

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