I can confirm to the Deputy that the person referred to is a named party in a civil action against the Minister for Justice and Equality, Ireland, the Attorney General and the Garda Commissioner, relating to matters which arose during his tenure as Commissioner.
The Deputy refers to a provision of the Garda Síochána Act 2005 Act ("the Act") providing that the Minister may contribute to the legal costs of a member of the Garda Síochána who is charged with a criminal offence - that circumstance is provided for at section 49 (rather than section 48) of the Act.
Section 49 of the Act relates to criminal proceedings. By contrast, the person referred to by the Deputy is a named party in civil proceedings. Section 49 of the Act is therefore not applicable in this case and the question of the involvement of the Garda Síochána Ombudsman Commission does not arise.
I can confirm that in accordance with section 48 of the Garda Síochána Act 2005, on the recommendation of the Acting Garda Commissioner and in accordance with normal procedures, I approved an application for the granting of State representation to the person concerned on 13 July 2018.
It is important to note that State representation does not constitute an undertaking or grant of indemnity. Nor does the granting of representation imply that a case is being defended, rather it simply means the party is legally represented.
