Written answers

Wednesday, 29 November 2017

Department of Justice and Equality

Independent Review Mechanism

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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187. To ask the Tánaiste and Minister for Justice and Equality if he has received correspondence from a person (details supplied) regarding allegations relating to the way in which An Garda Síochána handled a case; and if he will make a statement on the matter. [50766/17]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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188. To ask the Tánaiste and Minister for Justice and Equality to specify the relevant authority for the complaint regarding the way in which An Garda Síochána allegedly handled a case (details supplied), in view of the fact that the independent review mechanism deemed it not to be under the ambit of the inquiry after considering it for 18 months; and if he will make a statement on the matter. [50767/17]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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189. To ask the Tánaiste and Minister for Justice and Equality if he has received a report from the Garda Commissioner regarding a case (details supplied); the way in which it was handled; and if he will make a statement on the matter. [50768/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I propose to take Questions Nos. 187 to 189, inclusive, together.

The particular case to which I take it the Deputy is referring was amongst the complaints considered under the Independent Review Mechanism (IRM). I can confirm that I am in recent receipt of correspondence from the individual in question which he had sent to An Taoiseach on 22 November 2017 and which the Taoiseach has since forwarded to me. I am also in receipt of the Deputy's correspondence to me dated 23 November 2017. A reply to this correspondence will issue shortly.

As the Deputy will be aware, the IRM was established to review certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which were made to my predecessor as the Minister for Justice and Equality, or to 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. As in all of the IRM cases, Counsel considered the matters raised by the complainant, the actions already taken in relation to the complaint, and the possible options open to pursue matters. Counsel were then required to use their knowledge and experience of the criminal justice system to recommend whether further action was either possible or appropriate and if so, to recommend the relevant action to be taken.

In this particular case referred to by the Deputy, Counsel's initial recommendation was that the complainant should be contacted and asked to provide the corroborative evidence referred to in his original correspondence. Some additional material was provided by the person. Counsel considered this additional material and, having done so, recommended that the Minister should take no further action in the matter. My predecessor accepted Counsel's recommendation and the individual in question was notified of her decision and the reasons for it.

The report referred to by the Deputy is awaited and I have asked my officials to pursue the matter urgently with the Commissioner. I will revert to the Deputy on receipt of same.

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