An Garda Síochána

Dáil Éireann Debate, Tuesday - 5 December 2023

Tuesday, 5 December 2023

Questions (406)

Michael McNamara

Question:

406. Deputy Michael McNamara asked the Minister for Justice if she will provide an update on the progress outlined on 29 March 2022 that the Garda Commissioner had instructed that a fresh investigation be undertaken into the matters which a judge (details supplied) determined required further investigation in their report on the statutory inquiry under section 42 of the Garda Síochána Act 2005 into the Garda Síochána investigation relating to the death of a person; whether prosecutions have been initiated; whether the report by the judge will be published, either in full or redacted form; and if she will make a statement on the matter. [53730/23]

Written answers

Minister for Justice

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including operational policing matters. As Minister I have no role in these independent functions and am unable to direct the Garda Commissioner regarding any investigation. Further, decisions to prosecute are for the Director of Public Prosecutions, who is completely independent in her functions.

I can also advise the Deputy that the position with regard to Judge Clyne's report remains the same as was set out in my previous response in March, 2022. I do not propose to publish Judge Clyne’s report at this time as to do so could potentially prejudice a future prosecution. I am also mindful of the need not to interfere with or otherwise prejudice the cold case investigation which the Garda Commissioner decided to open.