Dáil Éireann Debate, Wednesday - 15 June 2016
72. Deputy Carol Nolan asked the Tánaiste and Minister for Justice and Equality to release the recommendation of the independent review panel and relevant documents to the family of a person (details supplied). [16276/16]
View answer73. Deputy Carol Nolan asked the Tánaiste and Minister for Justice and Equality to consider establishing a commission of investigation or sworn independent public inquiry into the circumstances of the death of a person (details supplied). [16277/16]
View answer74. Deputy Carol Nolan asked the Tánaiste and Minister for Justice and Equality to meet with the family of a person (details supplied) to discuss its concerns about the circumstances surrounding the death of the person. [16278/16]
View answerI propose to take Questions Nos. 72 to 74, inclusive, together.
The matter to which the Deputy refers has been the subject of a review carried out by counsel from the panel of the Independent Review Mechanism set up by the Government to consider complaints of Garda misconduct received by the Taoiseach and myself. The role of the Mechanism was to advise me as to what further action, if any it was appropriate for me to take in respect of each complaint. Counsel were free to make any recommendation which they saw fit.
In this particular case counsel recommended that an inquiry be set up to consider this complaint. I accepted counsel's recommendation and a letter issued to the family notifying them accordingly. The reports provided by counsel and containing their recommendations in each case constitute legal advice to me and they are, accordingly, subject to legal professional privilege. While the report and recommendations from counsel were not provided to complainants, I have sought to ensure that letters to complainants should not only set out the recommendation of counsel, but also outline, as far as possible, the reasons for the recommendation. To that end I appointed a retired judge, Mr Justice Roderick Murphy, to advise on the preparation of the letters and independently vouch for the fact that the summaries of conclusions and the reasoning behind them are a fair reflection of counsel's advice.
I have recently written further to the family to advise them that I have decided that the inquiry will be conducted as a statutory inquiry according to the terms of section 42 of the Garda Síochána Act 2005, as amended. Officials in my Department are currently in consultation with the Office of the Attorney General with regard to matters concerning the establishment of this and a number of other inquiries arising out of the Independent Review Mechanism. These matters include the setting of appropriate terms of reference for each inquiry. I will be in further contact with the complainants when these matters have been settled.
In the circumstances as outlined above the question of a meeting with the family does not arise at this time.
