Written answers

Thursday, 30 March 2017

Department of Justice and Equality

Garda Misconduct Allegations

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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126. To ask the Minister for Justice and Equality the extent to which a full examination of the circumstances surrounding the road death of their only child in the case of a person (details supplied) has taken place; if the alleged perpetrator was on bail on numerous occasions while subsequent crimes were carried out culminating in the death of this person; if the alleged perpetrator has been deported; and if she will make a statement on the matter. [15939/17]

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 (IRM) 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.

The recommendation made by the IRM in this particular case was that I should take no further action. Counsel for the IRM pointed out that the appropriate forum for raising matters related to alleged Garda failings was the Garda Síochána Ombudsman Commission (GSOC) who were already investigating certain matters arising from the tragic death in this case. This arises in part from the fact that my predecessor had referred aspects of this particular case to GSOC. I should also mention that a civil action has been initiated against the State in respect of issues raised in the complaint.

When the Taoiseach and I recently met with the family, the Taoiseach assured them that when the GSOC investigation is completed the question of whether, and if so, what further action can be taken, will be considered. That remains the position. As the Deputy is aware, GSOC is an independent statutory body and the manner in which they conduct their investigation is a matter for them. The last update I received indicated that they had concluded their investigation and that they were reviewing the report. We must now await their final determination.

I am sure the Deputy will appreciate that in the circumstances it would not be appropriate for me to comment further.

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