An Garda Síochána

Tuesday, 23 May 2023

Questions (534)

Neasa Hourigan

Question:

534. Deputy Neasa Hourigan asked the Minister for Justice the number of complaints received by GSOC from 2018 to 2023 inclusive, in tabular form; and the number of those complaints that have resulted in a criminal complaint. [24141/23]

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Written answers

Minister for Justice

As the Deputy will be aware, the Garda Síochána Ombudsman Commission (GSOC) is statutorily independent in its operation and administration. Specifically, under section 67(4) of the Garda Síochána Act 2005, GSOC is independent in the exercise of its functions under the Act.

As Minister, I have no role in these functions, including investigations conducted by GSOC, or any reports submitted by GSOC to the Director of Public Prosecutions (DPP). Any decisions regarding prosecutions are matters for the DPP, who is completely independent in the exercise of her functions.

I am informed by GSOC that the the figures in the first table outline the number of complaints received by GSOC per year, the number of those resulting in a criminal investigation by GSOC, the number of referrals to GSOC by An Garda Síochána under section 102 of the Garda Síochána Act, and the number of these referrals that resulted in a criminal investigation.

These figures are drawn from information published in Garda Síochána Ombudsman Commission (GSOC) statutory Annual Report 2018 – 2021. They are also drawn from the 2022 Annual Report which GSOC expects to publish in summer 2023.

I am advised by GSOC that 2023 figures should be treated as indicative only and do not represent official, published, statistical information from GSOC.

I am also advised by GSOC that information on cases, by its nature, is dynamic, and subject to update on foot of further information that may emerge during the course of an investigation.

	Complaints received	Criminal Investigations opened arising from complaints received	Referrals made by AGS to GSOC under s102 of the Act	Criminal Investigations opened as a result of referrals made under s102
2018	1,921	415	38	6
2019	1,756	485	40	4
2020	1,955	572	43	10
2021	2,189	557	59	7
2022	1,826	349	41	7
2023 **	480	144	14	2

I am informed by GSOC that the second table outlines the number of files sent to the DPP for the years in question:

	Files sent to the DPP per calendar year following completion of criminal investigation.*
2018	17
2019	23
2020	27
2021	21
2022	27
2023 **	15

* Please note that files sent to the DPP in a given year may have resulted from a complaint and / or referral received in previous year(s). A file is sent only on completion of an investigation, and investigations may take longer than one calendar year to complete.

** Figures for period of 1 January – 17 May 2023 inclusive.

The Deputy may also wish to be aware that section 102 of the Act provides for independent investigation of any matter that appears to indicate that the conduct of a member of the Garda Síochána may have resulted in the death of, or serious harm to a person. The provision forms an important element of the State’s framework for the guarantee of compliance with its obligations under Article 2 and 3 of the European Convention on Human Rights.

The power to refer is delegated by the Garda Commissioner to superintendents whose responsibility it is to decide if it is appropriate to refer an incident, in order that it be investigated independently.

I am further advised that GSOC conducts criminal investigations on foot of both complaints and referrals, as well as in the context of public investigations.

On completion of a criminal investigation, if GSOC is of the opinion that the conduct under investigation may constitute an offence, a file is prepared and sent to the DPP.