I propose to take Questions Nos. 540 to 545, inclusive, together.
Under section 102 of the Garda Síochána Act, 2005 the Garda Commissioner is obliged to refer to the Garda Síochána Ombudsman Commission any matter that appears to the Garda Commissioner to indicate that the conduct of a member of the Garda Síochána may have resulted in the death of, or serious harm to, a person. Since commencement of its operations in 2007, the Ombudsman Commission received a total of 26 referrals pursuant to section 102 concerning road traffic fatalities. These 26 referrals pertained to the death of 30 individuals, including civilians and members of the Garda Síochána. All 26 referrals have been closed following consideration.
In 22 of the 26 referrals, no Garda misbehaviour was identified and no further action was deemed warranted by the Ombudsman Commission. Four files were submitted to the Office of the Director of Public Prosecutions who directed “no prosecution” in relation to three of these cases. One member of the Garda Síochána was convicted following prosecution. I am advised by the Ombudsman Commission that they regret that the other statistical information requested by the Deputy is not readily available and would involve the compilation of statistical data over several years, the generation and collation of which would place an inordinate burden on the organisation in terms of time and resources. The Deputy, however, may be interested in the data provided in the Annual Reports which are available from the website of the Ombudsman Commission (www.gardaombudsman.ie).
