Dáil Éireann Debate, Thursday - 16 February 2017
67. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the level of her knowledge that five serious cases from the Tullamore-Clara area were sent in to the independent review mechanism and these five cases were under the same superintendent and gardaí from this area and 100 complaints were made to GSOC regarding these particular persons (details supplied); and if she will make a statement on the matter. [7798/17]
View answerThe Deputy refers to the Independent Review Mechanism established to review certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which were 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 have been required in each case.
A panel consisting of two Senior and five Junior Counsel was established for the purpose. The counsel appointed to the panel were nominated by the Attorney General and were all selected on the basis of their experience of the criminal justice system.
The complaints were in the form of letters, some of which were sent by the individuals direct, while others had been submitted through intermediaries, such as TDs or representative organisations. In some, but not all cases, the complainants gave the name of the Member, or Members of the Garda Síochána that were the subject of their complaint.
Recommendations by counsel were based on a review of the papers in the complaint, and did not involve interviews or interaction with complainants or any other form of investigation, although counsel could where necessary recommend that I seek further information from persons or bodies, for example the Garda Síochána Ombudsman Commission (GSOC). Each case was considered on its own merits and recommendations were made in relation to each case.
The Panel was independent and therefore no restriction was placed on the nature of recommendations which they might make. I have repeatedly emphasised that the Independent Review Mechanism was not established to act as a Commission of Inquiry or Investigation. The purpose of the review was to triage the complaints to establish in each particular case whether there was any action which I could take to further resolution of that complaint. Counsel were therefore required to consider the matters raised by each complainant and any corroboration offered by them, to take into account the actions already taken in relation to the complaint, and the possible options open to me as Minister to pursue matters. Counsel were then required to use their knowledge and experience of the criminal law to recommend whether further action was either possible or appropriate and if so to recommend the relevant action that I could take.
Insofar as GSOC is concerned, GSOC is an independent statutory body and I have no role in relation to the conduct of its investigations.
