Written answers

Tuesday, 2 May 2017

Department of Justice and Equality

Garda Investigations

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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167. To ask the Minister for Justice and Equality her plans to establish an inquiry into the circumstances of the death of a person (details supplied); if so, the nature of this inquiry; and the date on which it will commence. [20311/17]

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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168. To ask the Minister for Justice and Equality the number of times she discussed the circumstances of the death of a person (details supplied) and persons connected to it with the Garda Commissioner; and the dates on which this occurred. [20312/17]

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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169. To ask the Minister for Justice and Equality the date on which her attention was drawn to the status of a person (details supplied) as a Garda informant. [20313/17]

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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188. To ask the Minister for Justice and Equality if her attention has been drawn to events preceding the death of a person (details supplied) as outlined on a television programme on 20 April 2017; the steps she undertook to investigate the issues; the persons and bodies to which she referred the issues; the dates she did so; the follow-up undertaken by her; and if she will make a statement on the matter. [20426/17]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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203. To ask the Minister for Justice and Equality the steps she has taken to provide explanations to the families of persons (details supplied) as to whether those persons were unnecessarily exposed to danger as a result of the failure on the part of An Garda Síochána to notify the Garda station in Omeath of the presence in that area of the person that subsequently murdered and attempted to murder the persons concerned. [20540/17]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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204. To ask the Minister for Justice and Equality the steps she has taken to inquire into whether a person (details supplied) was appropriately registered as an informant with An Garda Síochána. [20541/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 167 to 169, inclusive, 188, 203 and 204 together.

A number of serious allegations that had been raised with me in correspondence previously in respect of a tragic incident that took place at Omeath in October 2015 were aired publicly in a recent television programme. The House will understand the need for sensitivity in respect of those who have suffered greatly as a result of that incident.

It is important that the truth of those allegations, insofar as they relate to any action or inaction on the part of members of An Garda Síochána, should be established and there are ongoing processes, set out in law, to do just that.

The concerns that had been raised with me were, in all cases, brought quickly to the attention of, and pursued with, the Garda Authorities in the context of the ongoing investigation and review processes into the events at Omeath and related matters. I expect to receive a final report from the Garda Authorities addressing these matters when the investigation and review are completed.

I was aware also that certain relevant matters had been brought to the attention of the Garda Síochána Ombudsman Commission. On 21 April 2017 the Ombudsman Commission indicated publicly that it had decided to initiate a public interest investigation into these matters in accordance with its statutory powers under the Garda Síochána Acts 2005-2015. The Ombudsman Commission has indicated also that its public interest investigation will take place alongside the ongoing investigation of complaints made previously. I understand that these investigations will encompass the issues that Deputies have raised in their Questions.

The Deputies will agree it is essential that the Ombudsman Commission’s investigations must be allowed to take their course in order that the truth or otherwise of allegations made can be established independently and in accordance with the law and, indeed, to identify anything that might be learned from those events. In that context there are no plans to establish a further form of inquiry at this time.

While it would not be appropriate for me to go into the detail of allegations made, I would make the point that for obvious reasons of safety and security it has been the long-standing practice of my predecessors not to comment publicly on whether any person was or was not a Garda informant. I do not propose to depart from that practice.

The House will understand also that it is a fundamental aspect of our criminal justice system that decisions in relation to preferring charges in individual cases are solely a matter for the Director of Public Prosecutions who acts independently in doing so. The Office of the DPP is uniquely well-placed, with the relevant expertise, to make a determination as to what convictions are likely to be secured on the basis of the assessment of the evidence presented and in the light of all relevant legal provisions.

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