Written answers

Tuesday, 8 November 2022

Department of Justice and Equality

An Garda Síochána

Photo of Martin KennyMartin Kenny (Sligo-Leitrim, Sinn Fein)
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857. To ask the Tánaiste and Minister for Justice and Equality if files from the Garda complaints board were retained after its dissolution; the locations in which retained files can be accessed; and if she will make a statement on the matter. [54564/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The Garda Síochána Complaints Board and the related Garda Síochána Complaints Appeal Board were established under the Garda Síochána (Complaints) Act 1986 to investigate complaints concerning the conduct of members of the Garda Síochána.  These functions were retained until Part 3 of the Garda Síochána Act 2005 was enacted and the Garda Síochána Ombudsman Commission (GSOC) was established in December 2005. It was not until GSOC became fully operational in 2007 that the responsibility for receiving complaints transferred in its entirety to the Commission.

It was therefore necessary to maintain the existence of Garda Síochána Complaints Board and the related Appeal Board to enable these bodies to conclude cases which they were already investigating. Complaints which the Board had received but not commenced investigating were transferred to GSOC in accordance with transitional provisions of the Garda Síochána Act 2005.

The Garda Síochána Complaints Board and the Garda Síochána Appeals Board were dissolved with effect from 30 June, under S.I. No. 271 of 2015.

As part of its dissolution, I am advised that the Board's remaining files were gifted to the National Archives Office where they are closed from public viewing for 40 years from that date.  I am further advised that certain records relating to closed cases had, with the advice of the Attorney General's Office, previously been destroyed.

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