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Garda Misconduct Allegations

Dáil Éireann Debate, Thursday - 27 November 2014

Thursday, 27 November 2014

Questions (104)

Thomas P. Broughan

Question:

104. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 101 of 18 November 2014, the terms of reference that the panel of junior and senior counsel are working from or to provide the directions that have been communicated by her Department to the counsel to guide their work in reviewing the 305 files which are subject to the independent review mechanism. [45602/14]

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Written answers

At its meeting on 13th May last, the Government agreed to the establishment by the Minister for Justice and Equality, in consultation with the Attorney General, of a mechanism for an independent review by counsel of certain allegations of Garda misconduct, or inadequacies in the investigation of such allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach, 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 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 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. Counsel has been asked in each case to make a recommendation to me on what further action, if any, might be appropriate, and I will carefully consider each such recommendation.

As I have stated previously it is important that nothing arises which might detract from the integrity of the review mechanism. I have therefore not placed any constraints upon counsel either in respect of timescales, or of the material they may consider. Counsel may recommend that I seek further information from complainants, or from any other relevant bodies, to assist them in coming to an appropriate recommendation in any particular case. It is important to remember that the Panel is independent and therefore no restriction is placed on the nature of recommendations which they might make.

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