Skip to main content
Normal View

Garda Investigations

Dáil Éireann Debate, Tuesday - 20 October 2015

Tuesday, 20 October 2015

Questions (114)

Clare Daly

Question:

114. Deputy Clare Daly asked the Minister for Justice and Equality her views on the operation of the independent review panel; the number of cases where the review has been concluded and persons contacted; where follow-on action was recommended, and the nature of the recommendations; where no further action was recommended, if she will reconcile these with her statements on the matter prior to the recess; and if she will make a statement on the matter. [35188/15]

View answer

Oral answers (15 contributions)

I listened to the Minister's response to questions asked by Deputies Niall Collins and Mick Wallace on the independent review mechanism. The only conclusion to be drawn about this process is that it is possibly a deliberate attempt to deflect public anger surrounding issues of Garda malpractice rather than an effort to address the issues. The process was supposed to be a short-term paper review to recommend what action should be taken next rather than an end in itself. No serious action has been suggested in any of the 200 cases reviewed to date. Will the position change in respect of the remaining 100 cases on which there have not been communications?

The Deputy makes a big assumption in stating the independent review group has not made any serious recommendations. I do not know how she could possibly make that assumption as she does not have all the facts. It is open to the group to make a recommendation, the seriousness of which will be judged in the first instance by the complainants who submitted the information. As I stated, in more than 200 cases, the complainants submitted extra information.

The recommendations are, in the assessment of the independent panel, a potential way forward for dealing with the cases in a more satisfactory manner, dealing with unanswered questions or making recommendations for further investigations, including very serious investigations under section 41(2) of the Garda Síochána Act. I consider such recommendations to be serious. I have not yet published the outcome in all the cases because the process is not complete. Inevitably, the group assessing the cases will make a variety of recommendations. It was always intended to assess all the information and see what recommendations would emerge.

The process has taken longer than anticipated because we accepted more than 300 cases and, as I indicated, they are highly varied. Some of them date back 30 years, some are more recent, others have been through the courts and decisions have been the subject of decisions in the courts, while others arise from decisions made by the Director of Public Prosecution and Garda Síochána Ombudsman Commission. There is, therefore, significant complexity involved. I am accepting the recommendation in all cases where there is scope for a recommendation to be made to me that would help deal more effectively with the complainant's circumstances.

This issue will not go away. My point about no serious recommendations being made must be seen in the context of the decision by the review panel to recommend that the Garda make a report on serious complaints about malpractice in the Garda. After 18 months, the panel recommended not that the case be re-investigated but that the Garda issue a report. I have in mind cases such as the murder of Baiba Saulite, the anniversary of which will take place next month. One of the gardaí involved in the complaint made repeated requests to the review mechanism seeking to furnish it with corroborative evidence to support his contention that this young woman and mother would not have been murdered if the Garda had acted appropriately and joined the dots in the previous crimes committed against Ms Saulite and her solicitor, Mr. John Hennessy. Serious and well-substantiated allegations were made, yet the panel did not even ask to see this corroborative evidence. How could this possibly be a serious investigation to have something done?

I will allow Deputy Mac Lochlainn to make a short contribution.

I have a right to contribute again.

I am sorry but the time for questions has almost concluded.

I would like to respond to the Minister once she has spoken.

We will not have time. Deputy Mac Lochlainn may make a short intervention.

The revelations made on the RTE "Prime Time" programme confirmed all the concerns of Opposition Members. They showed a cursory examination of documentation by barristers, a failure to interview families who submitted allegations and a failure to access Garda Síochána files. The Minister must accept that this is not the response required in light of the scale of public concern. Will she look again at the independent review mechanism and introduce a new structure for some of the very serious cases that were brought to her attention?

I have commented on the cases that were referred to publicly and pointed out that they were at different stages of the process. As the process is not yet complete, I cannot comment on individual cases in the way Deputy Clare Daly has done. I simply cannot go into the detail of the case she raises.

The Minister has received many communications on it.

I can state, however, that this is the first Government to have taken these allegations.

It may have taken them but the Minister is not taking them seriously.

We have had a very wide lens in respect of accepting cases that needed to be in the process, of which there are more than 300. We set up an independent review mechanism to examine those cases.

That is an abuse of the word "independent".

Top
Share