Written answers

Wednesday, 8 June 2016

Department of Justice and Equality

Garda Disciplinary Proceedings

Photo of Séamus HealySéamus Healy (Tipperary, Workers and Unemployed Action Group)
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86. To ask the Minister for Justice and Equality if she will address a matter (details supplied) regarding an eviction; and if she will make a statement on the matter. [14291/16]

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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104. To ask the Minister for Justice and Equality if any member of An Garda Síochána has been disciplined for working for private security firms; and if she will make a statement on the matter. [14603/16]

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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105. To ask the Minister for Justice and Equality the role that An Garda Síochána have in assisting private security firms with house evictions. [14605/16]

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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106. To ask the Minister for Justice and Equality if members of An Garda Síochána are permitted to transfer members of a private security firm to or from the location of an eviction from a private home.. [14606/16]

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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107. To ask the Minister for Justice and Equality if she is aware of a heavy-handed eviction of a person (details supplied) by a private security team, footage of which is available on social media; if An Garda Síochána was permitted to assist the security team in this manner; and if she will make a statement on the matter. [14607/16]

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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108. To ask the Minister for Justice and Equality if any members of An Garda Síochána have been disciplined for their role in a house eviction; and if she will make a statement on the matter. [14608/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 86 and 104 to 108, inclusive, together.

As set out in the Programme for a Partnership Government, the new Government wants to keep families in their homes, avoid repossessions insofar as is possible and introduce a number of further measures to help those in long-term mortgage arrears.

It is worth pointing out, for the sake of clarity, that the incident referred to occurred in the context of the execution of a repossession order at the home of an individual.

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 on or intervene in any way in the conduct or decision of a particular court case which is a matter entirely for the presiding judge.

The 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 Garda operational matters, including the direction and control of Garda members, which encompasses issues of discipline. 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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