Dáil Éireann Debate, Thursday - 23 April 2015
108. Deputy Clare Daly asked the Minister for Justice and Equality her views on an appointment (details supplied), in view of the examination by the independent review panel; and if she will make a statement on the matter. [16089/15]
View answer109. Deputy Clare Daly asked the Minister for Justice and Equality if, prior to approving the recent list of promotions, she sought information from the independent review mechanism as to whether complaints had been lodged against senior members of An Garda Síochána on the promotions list; and if not, the reason, given that the findings are imminent and could result in disciplinary or other investigations against those members. [16090/15]
View answerI propose to take Questions Nos. 108 and 109 together.
The 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, or the Taoiseach, with a view to determining to what extent and in what manner further action may be required in each case. A panel consisting of two Senior and five Junior Counsel was established for the purpose, all selected on the basis of their experience of the criminal justice system.
The review in each case consists of an examination of the papers by independent counsel, who then make a recommendation as to whether any further action might be taken. The process of the Independent Review is not a Commission of Inquiry or Investigation designed to make findings. Its purpose is to triage these allegations to see if further investigations are needed.
Any member of the Garda Síochána who is the subject of an allegation under the Independent Review Mechanism is entitled to due process. In these circumstances it would be inappropriate for the fact that a member of the Garda Síochána may have an untested allegation made against him or her to be taken into account in a situation which could prejudice their future career. Nevertheless, it is always the case that if any member is found to be in breach of discipline, or indeed the criminal law, there are procedures in place to deal with such a situation.
