Written answers

Tuesday, 12 July 2016

Department of Justice and Equality

Garda Deployment

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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179. To ask the Minister for Justice and Equality the exact legal relationship that exists with respect to members of An Garda Síochána assisting in the execution of receivership or repossession orders; if he deems it appropriate that gardaí are involved in assisting recouping debts owed to banking or other financial institutions; and if she will make a statement on the matter. [21277/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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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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