Written answers

Thursday, 16 June 2016

Department of Justice and Equality

Independent Review Mechanism

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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52. To ask the Minister for Justice and Equality the panel of barristers she appointed in 2014; when they will finish reviewing the cases; and if she will make a statement on the matter. [16479/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy refers to the Independent Review Mechanism established to review certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which were 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 have been required in each case.

A panel consisting of two Senior and five Junior Counsel was established for the purpose. The counsel appointed to the panel were nominated by the Attorney General and were all selected on the basis of their experience of the criminal justice system.

A total of 320 cases were referred to the Panel. The issuing of notification letters to complainants commenced on 29 June 2015 and concluded on 8 February, 2016.

- In 318 cases the complainants were notified of the final outcome of the review of their cases.

- In 1 case the recommendation was of an interim nature whereby the complainant was invited to submit further material. The complainant has provided such material which is currently being considered by counsel.

- In 1 case the complainant had passed away.

My Department has already begun the next stage of the process which is to undertake the actions to which I agreed following recommendations by counsel. In some cases this requires consultation with the Attorney General and this process is underway.

Actions arising from the Review Mechanism include: referrals to GSOC for investigation under section 102 (5) of the Garda Síochána Act 2005; requests to the Garda Commissioner to report to me on certain matters under section 41(2) of the same Act; establishing a number of inquiries; review of a practice/procedure of the Garda Síochána; appointment of a legal assessor to assist a complainant.

In a number of cases, while recommending that I should take no further action with regard to the specific complaint of Garda misconduct, counsel pointed out that there were matters which I might informally request be undertaken in order to be of some practical assistance to the complainant. These included requesting the Garda Commissioner, in a number of cases, to appoint a liaison officer to keep the complainant updated on ongoing matters, in others that she provide specific information to a complainant, if appropriate.

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