Dáil Éireann Debate, Tuesday - 20 October 2015
369. Deputy Clare Daly asked the Minister for Justice and Equality the steps she has taken, or will take, to address the concern of families as to whether or not justice will be done in the cases that are under review by the independent review mechanism; and if she has full confidence in the capacity of the process to ensure justice is done in those cases. [36198/15]
View answerThe Panel were operating on the basis of a Government decision to have carried out an independent review of allegations of Garda misconduct. Recommendations by counsel were based on a review of the papers, and did not involve interviews or interaction with complainants or any other form of investigation, although counsel could where necessary recommend that the Minister seek further information from persons or bodies. The Panel was independent and therefore no restriction was placed on the nature of recommendations which they might make.
The purpose of the review was to triage the complaints to establish whether there was any action which I, as Minister, could take to further resolution of that complaint. Counsel were therefore required to consider the matters raised by the complainants and any corroboration offered by them, to take into account the actions already taken in relation to the complaint, and the possible options open to me, as Minister, to pursue matters. Counsel were then required to use their knowledge and experience of the criminal law to recommend whether further action was either possible or appropriate and if so to recommend the relevant action for me to take.
It is the case that in many instances the outcome has been that no further action was recommended. This is to some extent inevitable in circumstances where, on the one hand, individuals have genuine but necessarily subjective concerns about how their particular cases were originally handled and, on the other hand, counsel have to consider whether those cases have been through due process, even if the persons involved remain unhappy with the outcome of that process.
I have previously assured Deputies that where further investigation is recommended by the review then that will occur. Where cases have resulted in recommendations for further action, including referral to the Garda Síochána Ombudsman Commission (GSOC), requesting a report from the Garda Commissioner in accordance with section 41(2) of the Garda Síochána Act 2005, etc, I have accepted those recommendations. It is my intention, on the completion of the process, to make a comprehensive statement on all the actions I have decided to take in line with the recommendations of counsel.
I have also asked counsel, in addition to making recommendations in individual cases, to produce a general overview of the issue and trends identified through this process. I believe that this may lead to recommendation for changes across a number of areas, which if implemented will address many of the general and thematic concerns raised by those persons who cases were examined by counsel. I understand that this general overview report is currently being finalised. Once I have had an opportunity to consider it, I intend to publish it.
