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Garda Misconduct Allegations

Dáil Éireann Debate, Tuesday - 20 October 2015

Tuesday, 20 October 2015

Questions (367, 368)

Clare Daly

Question:

367. Deputy Clare Daly asked the Minister for Justice and Equality the status of the review by the independent review mechanism of a case (details supplied); and when the family may expect to be informed as to the outcome of the review. [36196/15]

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Clare Daly

Question:

368. Deputy Clare Daly asked the Minister for Justice and Equality given that Article 40 of the Irish Constitution pledges that "The State shall... in the case of injustice done, vindicate the life...and good name of every citizen'", the steps she has taken or will take to ensure that the State's duty to vindicate these rights for a person (details supplied) who was killed in 1984 is fulfilled; and if she has confidence that the Independent Review Mechanism is sufficiently equipped to vindicate that person's life and good name. [36197/15]

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Written answers

I propose to take Questions Nos. 367 and 368 together.

The particular case to which the Deputy refers is amongst those considered under 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, or other public representatives 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 Panel has provided recommendations to me in all 320 cases submitted to them and has therefore largely concluded its work. I am mindful that all complainants are anxious to know the outcome of the review of their case and every effort is being made to conclude the process. In each case a submission will be prepared. Mr. Justice Roderick Murphy will review the summary of the conclusion and the letter of notification drafted to ensure that they are a fair and accurate reflection of the recommendation.

The issuing of notification letters to complainants commenced on 29 June. To date, 216 complainants have been notified of the outcome of the review of their cases. Letters will continue to issue to all complainants until the process is completed.

The process of the Independent Review was not a Commission of Inquiry or Investigation designed to make findings. The purpose of the review was to triage the complaints to establish whether there was any action which I could take to further resolution of that complaint. I have previously assured Deputies that where further investigation is recommended by the review then that will occur.

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