Written answers

Thursday, 25 May 2017

Department of Justice and Equality

Independent Review Mechanism

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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72. To ask the Tánaiste and Minister for Justice and Equality her plans to consider the cases that went before the independent review mechanism due to the fact that the process was undermined by the failure to allow applicants engage orally with the panel team or to have input into the setting of the terms of reference regarding same and that no further action was taken in most cases. [25236/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy is aware, in May 2014 the Independent Review Mechanism (IRM) was established to consider allegations of Garda misconduct or deficiencies in the way that Gardaí had carried out investigations. A panel consisting of two Senior and five Junior Counsel was established for the purpose, all selected on the basis of their knowledge of the criminal justice system. Recommendations were returned in all of the 320 complaints referred to the Panel and the process of issuing decision letters to the complainants largely concluded in February 2016.

I have repeatedly emphasised that the IRM was not established to act as a Commission of Inquiry or Investigation. Nor was it designed to make findings. The purpose of the review was to triage the various complaints to establish whether there was any action which I, as Minister, could take to further a resolution of that complaint. The Review did not therefore involve interviews or meetings with complainants or any other form of investigation. Counsel were required to consider the matters raised by the complainants and any corroboration offered by them and to take into account any actions already undertaken in relation to the complaint. Counsel were then required to use their knowledge and experience of criminal law to recommend whether further action was either possible or appropriate and if so to recommend to me, as Minister, the relevant action to take. It was open to the panel to make whatever recommendation they considered appropriate.

It is correct to say that the majority of the recommendations were that I should take no further action insofar as I had no role or function in relation to the matter under complaint. The reasons for this include cases where the complaints fell outside the remit of the review and ongoing matters either before the Courts or by way of investigations by the Garda Síochána Ombudsman Commission (GSOC).

I appreciate that some complainants were disappointed with the outcome of the review but it is important to note that the review mechanism was fully independent and came to its own conclusions in all cases.

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