Matt Carthy (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

323. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 274 of 9 November 2023, if he will now provide an update with respect to the Irish Council for Civil Liberties’ petition on the Sallins Train Robbery Case; if he will outline his plans to establish a Statutory Inquiry, compliant with international human rights standards, into the arrest, detention, interrogation, prosecution and conviction of the persons involved; and if he will make a statement on the matter. [10266/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

The Deputy will be aware that the question raised concerns an investigation conducted almost 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.

At the time, this case undeniably cast a shadow on the trust we place in our criminal justice and policing systems to ensure justice is done. However, it should be emphasised that this case occurred 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.

Following the Ó Briain and Martin Committees, 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 an alleged miscarriage of justice, were introduced. The available safeguards have been further and significantly strengthened in the years that followed.

Ireland now has a robust system of Garda oversight in place and this Government continues to develop and update our oversight processes, most significantly via extensive provisions contained in Parts 2, 5, 6 and 7 of the Policing, Security and Community Safety Act 2024, which I expect to commence shortly.

Given all of the developments that have taken place in the intervening years including the adjudication by the Courts and the granting of a presidential pardon, I am not aware of any matter of urgent public interest which would warrant reopening the matter.

I can, however, assure the Deputy that the petition from the Irish Council for Civil Liberties continues to receive attention and a response will issue in due course.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

324. To ask the Tánaiste and Minister for Justice and Equality to outline his plans to address historical cases of human rights abuses, including Garda malpractice in the State, given the detailed commitments in the Programme for Government to support legacy work in the North of Ireland and the importance of ensuring alignment of human rights standards across the island; and if he will make a statement on the matter. [10267/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

An Garda Síochána is committed to providing a human–rights focused policing service that seeks to protect and vindicate the rights of all people with whom Garda personnel interact.

A human rights ethos is at the heart of the Garda Code of Ethics and the Garda Decision Making Model and the Garda Commissioner has brought a strong organisational focus over recent years to embedding the principle that human rights are the foundation and purpose of policing in Ireland.

The development and implementation of the Garda Human Rights Strategy (2022-2024) and action plan, work on the development of a new three-year strategy for 2025-2027 to build on what has been achieved, and related work in relation to equality, diversity and inclusion demonstrate this. The Commissioner’s absolute commitment to upholding the highest standards in our policing service is something he has spoken about repeatedly.

The Deputy refers to historical cases in this jurisdiction without reference to any particular case. Miscarriages of justice serve absolutely no-one. Those wrongly accused suffer greatly as do victims and families who feel that they did not get justice. Wider trust in the criminal justice system also suffers. It should be noted that miscarriages of justice and human rights abuses also occurred where crimes were committed and those responsible were not brought to justice. The greatest violation of human rights is the unlawful killing of others and the Deputy will be aware that there are many instances in our past of people who were unlawfully killed and the perpetrators have yet to be brought to justice. Those miscarriages of justice must also be addressed.

The State has established various inquiries and other mechanisms over the years to examine allegations where that was warranted in particular cases. Some historical investigations have been subject to court proceedings, pardons, State apologies and associated compensation settlements.

When considering cases that may have happened several decades ago, I believe it is important that we all acknowledge the challenges faced by an Garda Síochána in policing the country during a time that unlawful organisations did not recognise and were committed to overthrowing the state. That threat has now significantly reduced and the State has enacted in this century extensive legislation to strengthen safeguards relating to the treatment of persons in custody, to allow appeals in relation to alleged miscarriages of justice, and to ensure that we have an increasingly robust system of Garda oversight. This Government continues to develop and update our oversight and complaints processes and I expect to commence the Policing, Security and Community Safety Act 2024 in the coming weeks.

In relation to the deeply sensitive issue of the legacy of the Troubles, the Government is determined to fulfil our shared responsibilities as co-guarantors of the Good Friday Agreement. The Programme for Government explicitly states our commitment to play our full part in legacy processes and to address the legacy of the conflict in this jurisdiction. The Taoiseach, Tánaiste and I continue to engage with the British Government to explore whether we can develop a common approach on legacy issues.

There are two key tests guiding our engagement. The first is that whatever legacy mechanisms are established can command the confidence of victims and families. The second is compatibility with the European Convention on Human Rights. This has been at the core of Ireland’s approach to dealing with the legacy of the past in Northern Ireland and in this jurisdiction. The European Convention on Human Rights is a safeguard fundamental to the Good Friday Agreement, in both jurisdictions. Under the terms of the Agreement, the British Government committed to incorporating the ECHR in to Northern Ireland law, while the Government of Ireland committed to ‘ensure at least an equivalent level of protection of human rights as will pertain in Northern Ireland’. This led to the adoption of the European Convention on Human Rights Act 2003.

The Government has consistently sought to acknowledge and address the legitimate needs and expectations of victims' families and survivors of Troubles-related attacks whether by tangible individual supports, supporting the work of the Commission for the Location of Victims' Remains or making every effort to assist UK-led processes including the UK Omagh Bombing Inquiry which concluded its commemorative hearings in recent weeks. The establishment of independent inquiries, where necessary, in this jurisdiction has also sought to shed further light on Troubles-related attacks and provide victims' families and survivors with the answers that they are seeking.

In terms of criminal investigations, all unsolved investigations remain open and An Garda Síochána will continue to pursue fully any evidence in relation to those offences. An Garda Síochána have also, of course, been very active and remain so, in assisting various UK bodies such as KENOVA and the Police Ombudsman for Northern Ireland and in relation to coronial inquests. It can also not be over emphasised that any individuals or organisations that were involved in, or have information relating to, the commission of these serious offences, including murder, should bring that information to the attention of an Garda Siochana.