Dáil Éireann Debate, Tuesday - 5 July 2016
104. Deputy Fergus O'Dowd asked the Tánaiste and Minister for Justice and Equality if she will initiate a full public inquiry into the death of a person (details supplied); and if she will make a statement on the matter. [19639/16]
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, the Independent Review Mechanism.
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.
It is important that the independence of the process is understood. Counsel who carried out the review of each case were 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 that there was no further action which should or indeed which could be taken by me as Minister.
Appropriate steps were taken to ensure that nothing arose which might in any way have detracted from the integrity of the review mechanism, including issues of conflict of interest. Arrangements were put in place to ensure that if there was any conflict, or potential conflict, the conflicted counsel not only was not involved in the particular complaint, but also was not aware of which counsel was reviewing it. This is normal professional conduct and there were sufficient counsel on the Panel to ensure the practicality of this. Whatever steps were necessary in this regard were taken to ensure there was no conflict of interest.
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. However, counsel were free to make whatever recommendation they considered appropriate in each case, including the setting up of a Commission of Inquiry if they considered that it was warranted.
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.
A letter setting out the outcome of the review of the particular case referred to by the Deputy issued last December. The recommendation made by counsel was that I should take no further action in this case. I should mention, however, that my predecessor referred aspects of this particular case to the Garda Síochána Ombudsman Commission and I understand that investigation has not concluded. I should also mention that a civil action has been initiated against the State in respect of issues raised in the complaint. In the circumstances it would not be appropriate for me to comment further on any particulars of this matter.
