Dáil Éireann Debate, Tuesday - 17 May 2016
26. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality to commit to a full-sworn commission of inquiry into allegations of rape and abuse made by a person (details supplied); and if she will make a statement on the matter. [10148/16]
View answerThe particular case to which the Deputy refers 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 outcome of the review of this case issued to the individual in question last December. The recommendation made by counsel was that I should take no further action in this case and the person was informed of the reasons for that outcome. I appreciate that it may difficult for the person in question to accept that, as Minister for Justice and Equality, I do not have the authority to review Garda investigations or decisions of the Director of Public Prosecutions nor do I have to authority to initiate criminal investigations or prosecutions. There are good and sound reasons for that which the Deputy well appreciates. I would remind the Deputy, nevertheless, that the case had been the subject of an earlier review by a senior counsel arising from which the then Minister decided against establishing any further inquiry. Notwithstanding that, the case was considered by the Independent Review Mechanism and I have already indicated that it recommended that I take no further action in the case.
With regard to the Independent Review Mechanism, I would like to emphasise that every case presented to the panel was reviewed by independent counsel, who made an objective recommendation. It was open to counsel to make any recommendation that they saw fit.
I want to stress the independence of this process. The cases were all considered by independent counsel, all selected on the basis of their experience of the criminal justice system.
Following their reviews of the papers in each case, 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. In many cases the outcome was there was no further action which should or indeed which could be taken by me as Minister.
To ensure that all complainants received an accurate account of the process, I also appointed a retired judge, Mr Justice Roderick Murphy, to advise on the preparation of individual letters notifying each person of the outcome of the review in their particular case. 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 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.
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.
As I have already stated, I appreciate that some complainants will be disappointed or unhappy with the outcome but the review was independent and came to its own conclusions in all cases.
