Dáil Éireann Debate, Wednesday - 27 January 2016
30. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if it is acceptable that in the panel of a barrister's review of the case of a person (details supplied), the person was not interviewed; and if she will make a statement on the matter. [3039/16]
View answerThe particular case to which the Deputies refer was 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 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 that purpose.
The Panel has provided recommendations to me in all 320 cases submitted to them and has therefore largely concluded its work. The issuing of notification letters to complainants commenced on 29 June. To date, 307 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 which I expect will be very shortly as we are nearing the end of the process. The outcome of the review in this complainant's case issued last month.
I have repeatedly emphasised that the Independent Review Mechanism was not established to act as a Commission of Inquiry or Investigation. Nor was it designed to make findings. Its purpose was to triage the allegations to see whether further action was needed and what that action would be. The role of the panel has been to consider, based on a review of the papers in each complaint, the steps taken to resolve the complaints to date and what further action might be appropriate in the future rather than to actually resolve the complaints themselves. In these circumstances meetings with the complainants or full hearings of their complaints were not within the scope of the Review itself.
I wish to stress the independence of this process. The cases have all been considered by independent barristers, members of the Panel constituted to conduct this review. Following their reviews of the papers in each complaint, counsel made recommendations to me, as to whether or not further action should be carried out by me, and if so the nature of that action. I also appointed a retired judge, Mr Justice Roderick Murphy, to advise on the preparation of letters notifying individuals as to the outcome of the review in their particular cases. I was concerned that these letters should not only set out the recommendation of counsel, but also outline as far as possible the reasons for the recommendation, subject to any legal constraints there may be. I made this appointment in order to provide complete reassurance on the probity and independence of this entire process, from start to finish.
I have previously assured Deputies that where further investigation has been recommended by the review then that will occur. However, I have also pointed out that in a large proportion of cases, counsel would be likely to recommend that no further action could reasonably be taken. This has proven to be the case. The crucial point, however, is that every case has been reviewed by independent counsel, who have made an objective recommendation.
