Written answers

Tuesday, 17 April 2018

Department of Justice and Equality

Garda Operations

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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566. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question Nos. 272 of 13 February 2018 and 340 of 20 March 2018, if the matter has been referred to the Garda Síochána Ombudsman Commission; when a determination will issue; and if he will make a statement on the matter. [16245/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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The Deputy is aware that the earlier questions referred to in the Deputy's current question were disallowed on the basis that I have no role, as Minister for Justice and Equality, in relation to Garda investigations, which constitute operational matters and are properly dealt with by An Garda Síochána in the first instance.

Aside from the matters comprehended by Section 91 of the Garda Síochána Act 2005, which relate to the investigation of complaints concerning death of, or serious harm to, a person, it is a matter for the Garda Commissioner to make a decision in relation to the referral of any matter to the Garda Síochána Ombudsman Commission. I have requested a Garda report in this regard in relation to the matter referred to by the Deputy, and I will contact the Deputy directly on receipt of a Garda report.

The Deputy will also be aware that it is open to members of the public to make complaints to GSOC in accordance with Section 83 of the Act.

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