Clare Daly (Dublin Fingal, Independent)
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123. To ask the Minister for Justice and Equality the reason for the delay in the commencement of the statutory inquiry in relation to a case (details supplied); and when it will be convened and the likely timeframe for completion. [28616/16]

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 received by the Taoiseach and myself. It was one of a number of cases where I accepted counsel's recommendation for an inquiry.

I appreciate that the persons whose cases are to be the subject of these inquiries are quite anxious to see them commence. I share their view in that regard. However, in the interests of efficiency and effectiveness, I take the view that it was preferable to await the completion on the IRM process when it would be known which cases the IRM panel had recommended should be subject to some form of further inquiry. I was conscious of the need to frame the terms of reference correctly and identify the persons who would carry out the inquiries.

Furthermore, in two cases, including the case referred to by the Deputy, counsel recommended a non-statutory inquiry. Subsequently, in consultation with the Attorney General, I decided that a statutory inquiry under section 42 of the Garda Síochána Act 2005 would be a more effective instrument for such inquiries. This fact was communicated to the complainants.

Officials from my Department have been consulting with the Office of the Attorney General with regard to the terms of reference of the section 42 inquiries and considering who will carry it out each inquiry. The terms of reference will be settled by the Attorney General shortly. I should point out that section 42 (3A) of the Garda Síochána Act 2005, as amended, requires me to consult with the Policing Authority with regard to these terms of reference.

It is not possible at this stage to indicate a possible timeframe for these inquiries, however, I will be in further contact with the complainants in due course.