Clare Daly (Dublin Fingal, Independent)
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63. To ask the Tánaiste and Minister for Justice and Equality the follow-up action she proposes to take arising from the findings of the Fennelly report which demonstrated evidence of improper conduct by members of An Garda Síochána regarding the terms of reference (m) and the investigation into the death of a person (details supplied); and if she will make a statement on the matter. [24269/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The final Report of the Fennelly Commission of Investigation was published on 6 April 2017. Part 12 of the Report concerns the terms of reference (1) m which required the Commission " to identify and review all recordings in the possession of An Garda Síochána emanating from the Garda telephone recording system at Bandon Garda Station or otherwise, which relate to the Garda investigation into the death of Sophie Toscan du Plantier and to establish whether those recorded phone calls, and any other acts or events in the course of the said Garda investigation, disclose any evidence of unlawful or improper conduct by members of An Garda Síochána in connection with that investigation".

The Commission found that calls relating to the Du Plantier murder investigation were recorded in Bandon Station and the majority of these recording were destroyed in a flood in the Station in 2009. Some of the recordings relating to private conversations between members of the Garda Síochána were judged to contain material which was damaging to the Garda Síochána. The Commission found evidence of improper conduct by members of the Garda Síochána, some of whom are now deceased. There was inappropriate disclosure of information to a member who was not directly involved in handling an investigation and evidence of mishandling of an assault involving the husband of a witness. While there was evidence that a member contemplated modifying or falsifying evidence, no such acts were in fact carried out. The Commission also concluded that the recordings did not disclose any evidence of the provision of drugs or money to a witness.

Having regard to the Commission's findings in relation to this matter, I have referred the Part 12 of the Fennelly Report to GSOC under Section 102(7) of the Garda Síochána Act (as amended) for consideration as to whether GSOC wishes to investigate this matter further.

More generally, I have referred the final report from the Fennelly Commission to the Policing Authority under section 62O(6) of the Garda Síochána Act 2005, and requested the Authority to oversee the implementation by the Garda Síochána of the recommendations contained in the report and to report to me with progress on a quarterly basis.