Brendan Howlin (Wexford, Labour)
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90. To ask the Minister for Justice and Equality the status of the statutory inquiry into allegations of Garda misconduct made by the former chief executive of the Irish Small and Medium Enterprises Association; the timeframe she envisages for this inquiry; the terms of reference for the inquiry; and if she will make a statement on the matter. [19258/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy refers to a case which has been the subject of a review carried out under the Independent Review Mechanism set up by the Government to consider complaints of Garda misconduct.

In the case referred to in the Deputy's question, counsel recommended that a non-statutory inquiry should be established to considered the issues raised by the complainant. I accepted the recommendation of counsel and informed the person of my decision to establish a non-statutory inquiry.

Subsequently, in consultation with the Attorney General, I decided that the issues raised in this case would be better addressed by establishing a statutory inquiry under section 42 of the Garda Síochána Act. The principal reason for my decision in this regard was that I believe that a statutory inquiry provides a clear legislative framework, particularly in terms of the powers available to the person appointed to carry out the inquiry. This fact was communicated to the person on 18 May 2016.

I am currently consulting with the Attorney General about the terms of reference. In accordance with section 42 of the Garda Síochána Act 2005 I will also be consulting with the Policing Authority before specifying the terms of reference for the inquiry. I will, therefore, be in further contact with the person referred to by the Deputy in due course.