Dáil Éireann Debate, Wednesday - 27 January 2016
31. Deputy Mick Wallace asked the Minister for Justice and Equality the recommendations of the independent review mechanism into historic cases of malpractice by An Garda Síochána, with particular reference to the number of cases where follow-on action was proposed; and if she will make a statement on the matter. [3025/16]
View answerThe mechanism referred to by the Deputy is that 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.
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. Where cases have resulted in recommendations for further action, I have accepted those recommendations. These include 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, establishment of an inquiry under section 42(1) of the Garda Síochána Act 2005, establishment of a non-statutory inquiry and appointment of a Legal Assessor. Where an inquiry is to be set up, I will consult the Attorney General about all the matters that need to be taken into account.
I should also point out, in cases where no further action by me has been recommended, that wherever it has been possible, counsel has highlighted informal actions that I can take to be of any assistance to the complainants. I have also arranged to have these carried out.
As I’ve stated before, I will make a comprehensive statement on all matters relating to the process once it is completed, including an overview of the outcomes of cases. I have also asked counsel to produce a general overview report on the issues and trends which featured in this process.
