Tommy Broughan (Dublin Bay North, Independent)
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94. To ask the Minister for Justice and Equality If any of the 28 senior officers of An Garda Síochána recently promoted are involved in any investigations with the Garda Síochána Ombudsman Commission, internal investigations or were referenced in the recent O'Higgin's report; and if she will make a statement on the matter. [23254/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The appointments made by Government to the ranks of superintendent and chief superintendent in An Garda Síochána on 12 July were made in accordance with the statutory framework as set out in the Garda Síochána Act 2005 and related regulations. In particular the appointees were drawn in order of merit from panels formed on foot of competitions held by the Commissioner in accordance with the Garda Síochána (Promotion) Regulations 2006.

In relation to whether any of the appointees are involved in any investigations being conducted by the Garda Síochána Ombudsman Commission or otherwise, the position is that any member of An Garda Síochána who is the subject of any allegation is entitled to due process. In these circumstances it would be inappropriate for the fact that a member of An Garda Síochána may have an untested allegation made against him or her to be taken into account in a situation which could prejudice their future career. Nevertheless, it is always the case that if any member is found to be in breach of discipline, or indeed the criminal law, there are procedures in place to deal with such a situation.

The O'Higgins Report has been published and is available to the Deputy. None of the appointees were the subject of adverse findings in the Report.