Dáil Éireann Debate, Tuesday - 16 April 2013
957. Deputy Brendan Griffin asked the Minister for Justice and Equality the number of cases referred to the Garda Ombudsman in each of the years 2010, 2011 and 2012; and if he will make a statement on the matter. [17509/13]
View answer958. Deputy Brendan Griffin asked the Minister for Justice and Equality the average total time it takes the Garda Ombudsman, from the time of initiating investigation to a final decision being issued; if he is satisfied with these times; and if he will make a statement on the matter. [17510/13]
View answer959. Deputy Brendan Griffin asked the Minister for Justice and Equality the action taken when parties are found by the Garda Ombudsman to have made false allegations against members of an Garda Síochána; his views on whether there are adequate deterrents to prevent parties from making false allegations; and if he will make a statement on the matter. [17511/13]
View answerI propose to take Questions Nos. 957 to 959, inclusive, together.
In 2010 the Garda Síochána Ombudsman Commission received 2,258 complaints from members of the public and 103 referrals by the Garda Commissioner relating to the conduct of a Garda member which may have resulted in the death of or serious harm to an individual. The figures for 2011 are 2,275 and 90 respectively. The figures for 2012 will be contained in the Ombudsman Commission's annual report for that year which is expected to be published shortly. Complaints investigated by the Ombudsman Commission may involve alleged offences or, alternatively, allege misconduct by a Garda member which does not involve an offence. The Ombudsman Commission must conduct the investigation itself if the matter complained of involves a potential criminal offence. Where the complaint does not relate to an offence, the Ombudsman Commission is empowered to devolve the investigation to the Gardaí and the Ombudsman Commission may supervise such investigations. Thus, the time taken by the Ombudsman Commission to initiate and complete investigations can vary widely depending on the particular aspects of each individual investigation being carried out. Accordingly, it is not possible to give any meaningful average length of time for concluding an investigation initiated by the Ombudsman Commission.
Section 110 of the Garda Síochána Act 2005 provides that a person who, in relation to a complaint or investigation, provides to the Ombudsman Commission information that the person knows to be false or misleading is guilty of an offence and is liable on summary conviction to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both. Prosecutions for this offence must be instituted by, or with the consent of, the DPP on referral of the matter to the DPP by the Ombudsman Commission. Since commencement of operations the Ombudsman Commission has referred files relating to 27 individuals (18 civilians and 9 Gardaí) identifying possible breaches of section 110. In the case of the 18 civilians, 8 were directed for prosecution by the DPP. There have been 4 convictions, a further three cases are pending before the courts and one case was withdrawn by the DPP. In the case of the 9 Gardaí, the DPP directed a prosecution in 1 case and the accused was acquitted.
