Written answers

Tuesday, 15 December 2020

Department of Justice and Equality

Northern Ireland

Photo of Patrick CostelloPatrick Costello (Dublin South Central, Green Party)
Link to this: Individually | In context | Oireachtas source

426. To ask the Tánaiste and Minister for Justice and Equality the plans that exist for an independent policing historical investigation unit to investigate Troubles-related incidents in the State. [42863/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Deputy will be aware that the Historical Investigation Unit structure, as proposed in the Stormont House Agreement, was specific to Northern Ireland. In this jurisdiction the Garda National Bureau of Criminal Investigation, under the command of the Assistant Commissioner for Organised and Serious Crime, holds a national investigative remit and is specialised in the area of major crime investigation. It undertakes and supports investigations on the direction of the Garda Commissioner.

The support provided includes where appropriate deploying the expertise of the Serious Crime Review Team (SCRT), which was established in 2007 to provide for independent review of historical investigations, including homicides. The purpose of a review conducted by the SCRT is to assist the Senior Investigating Officer with the criminal investigation. These reviews constitute an independent examination of evidence and other material, gathered during investigation and to ensure that it conforms to approved standards; that the investigation has been thorough, conducted with integrity and objectivity; and to identify further investigative opportunities. The remit of the SCRT is broad and would include reviews of troubles-related cases, where appropriate.

I am assured that in circumstances where historic offences have not been resolved, the investigations remain open and the Garda Authorities will and do follow up fully on any new evidence or information that becomes available to them, whether that comes from the public, from other police services or from their own investigations.

Photo of Patrick CostelloPatrick Costello (Dublin South Central, Green Party)
Link to this: Individually | In context | Oireachtas source

427. To ask the Tánaiste and Minister for Justice and Equality if the An Garda Síochána Ombudsman Commission has plans to implement an historical investigations directorate to deal with crimes committed in Northern Ireland during the Troubles. [42864/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Garda Síochána Ombudsman Commission was established as a statutorily independent body, under the Garda Síochána Act 2005. I have no role or function in the processing or management of complaints which are made to the Garda Síochána Ombudsman Commission (GSOC) for investigation.

GSOC's main area of responsibility is to deal with complaints concerning Garda conduct. While the Garda Síochána Act 2005, as amended, provides for time limits for the making of complaints, such time limits may be extended where there is good reason. It is also the case that GSOC may investigate matters in relation to the conduct of Gardaí, when it is in the public interest.

I am advised that there is nothing therefore to prohibit GSOC engaging with legacy cases where appropriate to do so.

The organisation of the work of the Garda Síochána Ombudsman Commission is a matter for the Commission.

As the Deputy will be aware, dealing with the legacy of the troubles on this island is a difficult and complex task. The Stormont House Agreement sets out a comprehensive set of measures to deal with legacy issues in a way that can meet the legitimate needs of victims and survivors and support closure and reconciliation for those communities most affected by the Troubles.

The Government remains committed to the implementation of those measures and we will continue to work with the British Government and the parties in Northern Ireland to give effect to them.

Photo of Patrick CostelloPatrick Costello (Dublin South Central, Green Party)
Link to this: Individually | In context | Oireachtas source

428. To ask the Tánaiste and Minister for Justice and Equality the actions she has taken regarding the specific recommendations in the 2019 report, entitled Addressing the Legacy of Northern Ireland's Past by the former Northern Ireland Commissioner for Victims, and regarding the needs of victims in the State in terms of the Troubles conflict, with specific reference to recommendation Nos. 12 and 47 (details supplied); and if she will make a statement on the matter. [42865/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The report referred to by the Deputy makes a number of recommendations on addressing the legacy of the troubles in Northern Ireland. By their nature, many of these recommendations apply only to that jurisdiction and are recommendations to the UK Government.

The Deputy draws particular attention to Recommendation 12 and 47. Recommendation 12 concerns access to justice to allow all conflict-related deaths to be fully investigated regardless of where a death happened, and Recommendation 47 concerns support for victims and survivors.

I can inform the Deputy that successive Irish governments have consistently recognised and acknowledged the enduring suffering and hardship of victims of the conflict. The support for victims, both in this jurisdiction and in Northern Ireland, is at the forefront of the Government’s commitments to address the legacy of the troubles through the Stormont House Agreement.

A Remembrance Commission was established by the Irish Government in 2003 to administer a Scheme of assistance and remembrance for victims of the Northern Ireland conflict, and their families, in this jurisdiction. In so doing, the State formally recognised the needs of victims and survivors of the Northern Ireland conflict and their families. The State continues to support victims of troubles here with their ongoing medical costs via a scheme operated by the Department of Justice.

On the issue of troubles related investigations, the Deputy can be assured that in circumstances where historic, troubles-related offences have not been resolved, the investigations remain open and the Garda Authorities will and do follow up fully on any new evidence or information that becomes available to them, whether that comes from the public, from other police services or from their own investigations.

With regard to investigations, Commissions or Tribunals of Inquiry in relation to a historic crime with a cross–border element, the Criminal Justice (Mutual Assistance) Act 2008 as amended provides that assistance in relation criminal investigations or proceedings may be sought by one State from another, including cross-border investigations. The Criminal Justice (International Co-operation) Act 2019 provides that Coroners in Northern Ireland and Britain dealing with legacy cases can access testimony from An Garda Síochána where this is relevant to their inquests.

Comments

No comments

Log in or join to post a public comment.