Dáil Éireann Debate, Tuesday - 18 November 2014
121. Deputy Clare Daly asked the Minister for Justice and Equality if she will provide an update on the work of the review panel into cases of allegations of Garda malpractice; and if she will take on board the points made by citizens and opposition Deputies that this process must become more transparent and involve a facility for persons to make their case orally. [41141/14]
View answerThe Deputy is referring to the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, to the Taoiseach, or to other public representatives, with a view to determining to what extent and in what manner further action may be required in each case. This was one of the actions agreed by the Government as a response to the report by Seán Guerin. A panel consisting of two Senior and five Junior Counsel was established for the purpose.
The independent review is well underway and 305 cases have been referred to them. This is a significant number of cases, and higher than originally estimated, but I think it was important to refer to the panel all of the allegations on hand, so as to ensure that every case where concerns have been expressed would get the benefit of an independent review. I do think that it is important to say that one outcome of such a review is that in many instances no further action may be recommended. This is to some extent inevitable in circumstances where, on the one hand, individuals have genuine but necessarily subjective concerns about how their particular cases were originally handled and, on the other hand, counsel have to examine objective evidence and especially whether those cases have been through due process, even if the persons involved remain unhappy with the outcome of that process.
The review of each allegation consists of an examination of the papers by a counsel from the Panel, and does not involve interviews or interaction with complainants or any other form of investigation, although counsel may recommend that I seek further information to assist in coming to an appropriate recommendation in any particular case.
The Independent Review mechanism is not a Commission of Inquiry or Investigation designed to make findings. The role of the Panel is to consider, based on a review of the correspondence and other documentation provided by the complainants, the steps taken to resolve their complaints to date and what further action, if any, might be appropriate. It is for this reason that hearings of the complaints are not being carried out during the review process.
I expect recommendations to be submitted in due course and action will be taken in light of the recommendations made by Counsel on the Panel, and each complainant and/or public representative will be notified accordingly.
