Written answers

Tuesday, 7 February 2017

Department of Justice and Equality

Garda Misconduct Allegations

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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114. To ask the Minister for Justice and Equality when the outcome of the GSOC inquiry will be signed off and responded to by the Garda Commissioner with regard to a case that was before the independent review mechanism (details supplied). [5438/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The tragic case to which the Deputy refers was considered under the Independent Review Mechanism. The role of the Review Mechanism was to review certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which were made to me as Minister for Justice and Equality, or the Taoiseach.

The recommendation made in this particular case was that I should refer the case to the Garda Síochána Ombudsman Commission (GSOC) under the provisions of Section 102(5) of the Garda Síochána Act 2005, as amended. Section 102(5) of this Act provides that I as Minister may, if I consider it desirable in the public interest to do so, request the Ombudsman Commission to investigate any matter that gives rise to a concern that a member of the Garda Síochána may have committed an offence, or behaved in a manner that would justify disciplinary procedures.

I have not yet been informed of the outcome of the GSOC investigation into this matter. As the Deputy will be aware, the Ombudsman Commission is independent in the exercise of its functions and so it would not be appropriate for me to interfere in that process.

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