Written answers

Wednesday, 17 October 2018

Department of Justice and Equality

Garda Misconduct Allegations

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein)
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44. To ask the Tánaiste and Minister for Justice and Equality the progress made towards giving effect to the vote of Dáil Éireann on establishing a public inquiry into the death of a person (details supplied). [42372/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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As the Deputy is aware, certain matters related to the circumstances surrounding the tragic death of Shane O'Farrell were the subject of an investigation conducted by the Garda Síochána Ombudsman Commission. The report published by GSOC of its investigation found that there was no conduct by any member of the Gardaí which would constitute an offence. However, there was conduct that requires further investigation which may lead to disciplinary proceedings against one or more members. That further investigation by GSOC is on-going and I do not propose to comment on that matter while the investigation is proceeding.

In response to the motion calling for an investigation into Shane O'Farrell's death, the Government, respecting fully the independence of GSOC, proposed that any further action be deferred until the current investigation was completed. I want to reiterate the Government's undertaking that when investigations are completed, the question of what further action might be taken will be considered.

It is worth mentioning that the Dáil motion also referred to the need to examine the actions of the Gardaí, the Director of Public Prosecutions, GSOC and the courts. The Government recognises the failings that occurred in the run up to this tragic incident and GSOC, the independent authority established by an Act of the Oireachtas should be allowed to complete its investigation unhindered. As a consequence, the Department of Justice and Equality is currently considering how the issues around systems, processes and procedures that have been identified in this case, can be best reviewed so that lessons can be learned and that tragedies such as this are avoided, to the greatest extent possible, in the future.

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