Ruth Coppinger (Dublin West, Anti-Austerity Alliance)
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68. To ask the Minister for Justice and Equality if she will establish a commission of investigation into Garda Síochána conduct prior to the death of a person (details supplied); and if she will make a statement on the matter. [20403/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The particular case to which the Deputy refers was amongst those considered under the Independent Review Mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations. Following an examination of the case referred to in the Deputy's question by one of the counsel appointed to the Independent Review Mechanism, I received a recommendation of the outcome of that review. A letter setting out the outcome and recommendation was issued to the complainant last December. The recommendation made by counsel was that I should take no further action in this case. I should mention, however, that my predecessor referred aspects of this particular case to the Garda Síochána Ombudsman Commission and I understand that investigation has not concluded.

It is important that a number of facts are clearly understood in relation to the Independent Review Mechanism.

Firstly, counsel were independent and it was open to them to make any recommendation that they saw fit. Furthermore, I have repeatedly emphasised that the Independent Review Mechanism was not a Commission of Inquiry or Investigation and it was not designed to make findings. Its purpose was to triage the allegations to see whether further action was needed and what that action would be. In the present case their recommendation was that no further action should be taken.

It is also important that I emphasise, yet again, that appropriate steps were taken to ensure that nothing arose which might in any way have detracted from the integrity of the review mechanism, including issues of conflict of interest. Arrangements were put in place to ensure that if there was any conflict, or potential conflict, the conflicted counsel not only was not involved in the particular complaint, but also was not aware of which counsel was reviewing it. This is normal professional conduct and there were sufficient counsel on the Panel to ensure the practicality of this. Whatever steps were necessary in this regard were taken to ensure there was no conflict of interest.

I should also mention that a civil action has been initiated against the State in respect of issues raised in the complaint. In the circumstances it would not be appropriate for me to comment further on any particulars of this matter.