Clare Daly (Dublin Fingal, Independent)
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65. To ask the Minister for Justice and Equality the reason she has not agreed to hold an inquiry under Article 2 of the European Convention on Human Rights regarding the death of a person (details supplied), in view of the fact that this is the only acceptable inquiry for the family; the reason she and her Department have failed to respond to the family's legal team and keep them updated; and if she will make a statement on the matter. [7796/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy should be aware that, arising from a recommendation of the Independent Review Mechanism, the Tánaiste has decided to establish an inquiry under the terms of section 42 of the Garda Síochána Act 2005, as amended.

My Department wrote to the family of the person referred to by the Deputy on 23 November 2016 to inform them in general terms of the matters which the inquiry will examine. Subsequently, a letter issued to the solicitors appointed by the family, on 17 January 2017, advising them that I do not accept that their client's Article 2 rights have been infringed and the reasons for same.

The solicitors have also been advised of the steps that have been taken to date with regard to the advice that I have sought from the Attorney General and the consultation which has taken place, as is required by section 42 (3A) of the Garda Síochána Act 2005, with the Policing Authority on the terms of reference.

When there is further information available, the family's solicitors will be advised accordingly.

Clare Daly (Dublin Fingal, Independent)
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66. To ask the Minister for Justice and Equality the reason she has refused to communicate with the legal team regarding the five inquiries which are due to take place shortly following the independent review mechanism findings; and if she will make a statement on the matter. [7797/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy should be aware that my Department has written to the legal team referred to by the Deputy with regard to the five inquiries as recently as 23 January 2017 addressing general issues they had with regard to these inquiries.

The legal team, at about the same time, have also been advised independently with regard to their individual clients that my Department had already advised their clients of the matters that are to be covered in the inquiries relevant to their complaints which were placed before the Independent Review Mechanism.

The legal team has also been advised of the steps that have been taken to date with regard to the advice that I have sought from the Attorney General and the consultation which has taken place, as is required by section 42 (3A) of the Garda Síochána Act 2005, with the Policing Authority on the terms of reference for the various Inquiries.

When there is further information available, the legal team will be advised accordingly.

Clare Daly (Dublin Fingal, Independent)
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67. To ask the Minister for Justice and Equality the level of her knowledge that five serious cases from the Tullamore-Clara area were sent in to the independent review mechanism and these five cases were under the same superintendent and gardaí from this area and 100 complaints were made to GSOC regarding these particular persons (details supplied); and if she will make a statement on the matter. [7798/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy refers to the Independent Review Mechanism established 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 with a view to determining to what extent and in what manner further action may have been required in each case.

A panel consisting of two Senior and five Junior Counsel was established for the purpose. The counsel appointed to the panel were nominated by the Attorney General and were all selected on the basis of their experience of the criminal justice system.

The complaints were in the form of letters, some of which were sent by the individuals direct, while others had been submitted through intermediaries, such as TDs or representative organisations. In some, but not all cases, the complainants gave the name of the Member, or Members of the Garda Síochána that were the subject of their complaint.

Recommendations by counsel were based on a review of the papers in the complaint, and did not involve interviews or interaction with complainants or any other form of investigation, although counsel could where necessary recommend that I seek further information from persons or bodies, for example the Garda Síochána Ombudsman Commission (GSOC). Each case was considered on its own merits and recommendations were made in relation to each case.

The Panel was independent and therefore no restriction was placed on the nature of recommendations which they might make. I have repeatedly emphasised that the Independent Review Mechanism was not established to act as a Commission of Inquiry or Investigation. The purpose of the review was to triage the complaints to establish in each particular case whether there was any action which I could take to further resolution of that complaint. Counsel were therefore required to consider the matters raised by each complainant and any corroboration offered by them, to take into account the actions already taken in relation to the complaint, and the possible options open to me as Minister to pursue matters. Counsel were then required to use their knowledge and experience of the criminal law to recommend whether further action was either possible or appropriate and if so to recommend the relevant action that I could take.

Insofar as GSOC is concerned, GSOC is an independent statutory body and I have no role in relation to the conduct of its investigations.