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Departmental Correspondence

Dáil Éireann Debate, Tuesday - 8 April 2014

Tuesday, 8 April 2014

Questions (470)

Luke 'Ming' Flanagan

Question:

470. Deputy Luke 'Ming' Flanagan asked the Minister for Justice and Equality if he will ensure that when a communication on wrongdoing is received in his Department the communication will be deemed to have come to his attention; if he will confirm that, while he is not expected to personally exercise the function of dealing with wrongdoing, he is responsible for ensuring that the function is exercised; and if he will make a statement on the matter. [17108/14]

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Written answers

As the Deputy will agree the term "wrongdoing" is a very broad term which covers an extensive range of activities from criminal matters, to civil matters, to an entire spectrum of other activities. Neither I nor my Department has a legal or constitutional responsibility for dealing with general allegations of "wrongdoing" in the broadest sense of that word nor should we be expected to do so. However, I can advise the Deputy that my Department does have well established mechanisms for dealing with correspondence which contains allegations of specific wrongdoing related to the general remit of this Department and for allegations of wrongdoing which fall within the remit of other bodies.

In relation to correspondence received alluding to criminal matters it is the normal procedure to direct the individual concerned to report the matter to An Garda Síochána, who are the investigative body for such matters. In circumstances where a person writes to the Department concerning the conduct of members of An Garda Síochána the correspondent is advised that they may wish to contact the Garda Síochána Ombudsman Commission, an independent body set up under the Garda Síochána Act 2005 to provide oversight of An Garda Síochána.

In relation to allegations relating to specific concerns of wrongdoing falling within the general remit of this Department I am advised that my officials always try to address the relevant allegations by directing the correspondence to the most appropriate Division and/or relevant body/agency for their attention. If the matter relates to a Department, body or agency outside the remit of this Department then efforts are invariably made to direct the correspondence as appropriate for attention and direct reply. With regard to other allegations of general "wrongdoing" relating to agencies that fall within my Department's remit, the individual concerned is advised to the best of the ability of my Department of the avenues open to them to lodge a complaint or seek redress in respect of the matter concerned.

On the issue raised by the Deputy of my assuming responsibility for ensuring that the function of dealing with wrongdoing in general is exercised by the responsible parties I am sure that the Deputy is aware that there are many bodies which have statutory, legal and constitutional obligations in this regard which I cannot assume for very good reasons of public policy, law and constitutional practice. I include in this category the role of An Garda Síochána in relation to the investigation of crime, the Director of Public Prosecutions, the Courts Service as well as numerous other statutory bodies where legislation prescribes a specific governance role to Boards or other office holders or requires that the body concerned exercise an activity without interference from my Department.

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