Written answers

Wednesday, 11 October 2023

Department of Justice and Equality

Miscarriages of Justice

Photo of Thomas PringleThomas Pringle (Donegal, Independent)
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30. To ask the Tánaiste and Minister for Justice and Equality her response to a petition by a group (details supplied) in relation to a case recently submitted to her Department; and if she will make a statement on the matter. [44146/23]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The Deputy will be aware that the question he raises relates to an investigation of nearly 50 years ago and which culminated in the court’s overturning convictions of two people in 1980; a pardon for one individual in 1992; and the payment of financial settlements.

There is no doubt that this case, and others of the time, cast a shadow on the trust we place in our criminal justice and policing systems to ensure justice is done. It is important to note however that this happened several decades ago and the safeguards which were available at that time to those who were the subject of investigation were very different to those now in place.

It was following on from the work of the Ó Briain and Martin Committees that the Criminal Justice Act 1984 which regulates the treatment of persons in custody, the Garda Síochána (Complaints) Act 1986, and the Criminal Procedure Act 1993 containing a new appeal procedure based on miscarriage of justice, were introduced. The available safeguards have been further and significantly strengthened in the years that followed.

Ireland now has an increasingly robust system of Garda oversight in place and this Government continues to develop and update our oversight processes. For example, through the significant work undertaken by my Department in developing the proposals contained in the Policing, Security and Community Safety Bill currently before the Houses.

As I have said previously, I am not aware of any matter of urgent public interest which would warrant reopening the matter, given that the Courts have adjudicated on the cases and a presidential pardon was granted.

The Irish Council for Civil Liberties has submitted a petition to my office which seeks to establish an inquiry into this case. This petition is receiving attention and a response will issue in due course.

Photo of Brendan GriffinBrendan Griffin (Kerry, Fine Gael)
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31. To ask the Tánaiste and Minister for Justice and Equality the up-to-date position regarding the possible posthumous pardoning in the historic cases of Poff and Barrett in County Kerry; and if she will make a statement on the matter. [43900/23]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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As the Deputy will be aware, a detailed application for posthumous Presidential pardons for the two individuals referenced by the Deputy was submitted by theCastleisland District Heritage incorporating the Michael O’Donohue Memorial Project in December 2021.

The application has completed an internal review within the Department, and an independent expert in trial law was engaged to further examine and review the case of the two individuals in question. This independent expert review of the case has been completed and is now under consideration and a decision on how best to proceed will be taken in due course.

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