Dáil Éireann Debate, Tuesday - 15 November 2016
101. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality if she proposes to take action to enable GSOC complete its investigation into matters arising from the O'Higgins commission of investigation; and if she will make a statement on the matter. [34837/16]
View answerAs the Deputy is aware, on 16 June 2016 I made a referral to the Garda Síochána Ombudsman Commission under section 102(5) of the Garda Síochána Act 2005 concerning certain allegations which arose following the publication of the final report of the O'Higgins Commission of Investigation.
Obviously I have to be careful not to say anything which might interfere with the investigation currently underway by GSOC. As the Deputy is aware, the Chairperson of GSOC wrote to me seeking access to certain records of the O’Higgins Commission of Investigation. In view of the provisions of the Commissions of Investigation Act 2004 concerning confidentiality of evidence given before a Commission of Investigation, I sought the advice of the Attorney General on the matter. Having received the Attorney General's advice I wrote to the Chairperson of GSOC pointing out that access to the records in question can be sought through an application to court for an order directing that the material be provided. So, I would say to the Deputy that I have taken what action is open to me at this stage to assist GSOC to complete its investigation. It is now a matter for GSOC how to proceed.
While the granting of any such order is a matter for the Courts, I will, of course, comply with any such court order, if it is made.
Accordingly, as the GSOC investigation is on-going, it would not be appropriate for me to comment further on the matter.
