Dáil Éireann Debate, Tuesday - 7 July 2015
38. Deputy Niall Collins asked the Minister for Justice and Equality if she is satisfied with the way the Garda Síochána Ombudsman Commission conducts its inquiries; if she is satisfied with the way it interacts with members of An Garda Síochána during these inquiries; and if she will make a statement on the matter. [27047/15]
View answerThe Garda Síochána Ombudsman Commission (GSOC) was established as a statutorily independent body, under the Garda Síochána Act 2005, to investigate complaints made against members of the Garda Síochána.
GSOC has a hugely important role in ensuring that public confidence in the Garda Síochána is safeguarded. In order to enable it to carry out its functions effectively GSOC has been given extensive powers, similar to those which the Gardaí have, under the 2005 Act. These include powers relating to, for example, entry and search of any place pursuant to a warrant, arrest with or without a warrant, search of a person, detention and questioning, taking fingerprints, issuing a summons and the bringing of a charge against a person.
All allegations of criminal offences by Gardaí are investigated by GSOC's own investigators for which they have these full police powers.
GSOC may refer other complaints to the Garda Commissioner for investigation under the Garda disciplinary code, and it may maintain oversight of progress in those investigations. GSOC has the authority to make recommendations to the Garda Commissioner concerning disciplinary proceedings, and also to send a file to the DPP where it feels that the conduct under investigation may constitute an offence.
There is a mechanism in the 2005 Act for the independent investigation of a criminal investigation by GSOC. As the Deputy will know, following the recent tragic death of a serving Garda in Donegal who was the subject of a GSOC investigation, I requested the Chief Justice, in accordance with section 109 of the 2005 Act, to invite a judge to undertake an inquiry into the conduct of that investigation. Mr Justice Frank Clarke, Judge of the Supreme Court, was subsequently appointed to conduct this inquiry.
