Written answers
Thursday, 9 November 2023
Department of Justice and Equality
Human Rights
Pauline Tully (Cavan-Monaghan, Sinn Fein)
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274. To ask the Tánaiste and Minister for Justice and Equality her plans to establish a Statutory Inquiry, compliant with international human rights standards, into the arrest, detention, interrogation, prosecution and conviction of persons (details supplied) following the Sallins train robbery in 1976, and encompassing their treatment by the Irish State since, as called for by the Irish Council for Civil Liberties (ICCL). [49109/23]
Helen McEntee (Meath East, Fine Gael)
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The Deputy will be aware that the question she raises relates to an investigation of nearly 50 years ago and which culminated in the courts overturning the 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 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, including, 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.
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