Dáil Éireann díospóireacht -
Wednesday, 3 May 2017

Vol. 949 No. 1

Topical Issue Debate

Motor Insurance

Deputy Frank O'Rourke

I want to use this as an opportunity to again raise the huge issue of motor insurance for individuals and companies. The difficulty is that while this is an issue that has been raised for some time and has been spoken about at length in this Chamber over the last 12 or 14 months, we are not seeing any positive impact happening on the ground. Apart from premiums being reduced, they are not even stabilising. As we speak, they are still increasing. The Minister of State is probably aware of that himself. Most Deputies see this issue at their clinic on a daily or weekly basis. I certainly see it. I see it raised by two groups of people. One group is the private individuals trying to insure their cars. The second group is the business people in the haulage or fleet businesses who are having serious ongoing problems.

As we speak, premiums are still increasing by 30% and 40%. That was never acceptable and is certainly no longer acceptable now. It has been happening since about 2014. We must reach a stage at which measures are implemented and put in place to stop this happening. Rather than going into the issues of what has caused this and why it is happening, I believe we now need to stay focused on delivering a result and a solution and ensuring that premiums no longer escalate or increase but stabilise and return to the acceptable level they should be at to allow people to operate. What is the Minister of State, his Department and the Government doing to ensure that the 33 recommendations proposed by the Oireachtas committee are being implemented in a way to bring about and deliver results? As I said, that is not happening as we speak.

We may need to look at opening up the market for other European companies to come to Ireland and quote for insurance policies to help put manners on the insurance companies that currently operate in the market. They are all operating through a mechanism by which the difference in their quotes is no more than €20, €30 or €40. That is not acceptable. I remember being cautioned when I attended the Committee of Public Accounts and raised a concern by saying that the companies are operating in a cartel-type manner. However, people can be forgiven for thinking like that because the increases are completely unacceptable and unsustainable. People's circumstances are not changing in any way, yet they are still seeing their premiums increase by maybe €300 or €400, which equates to 30% or 40%.

It cannot be sustained. What will happen is those people will end up not driving at all or will perhaps be forced to do something terribly wrong by driving without insurance. For elderly people it will lead to further isolation. People are already very stretched and adding this unacceptable level of premium on to their policy is completely overstretching them to the point of breaking. That is the issue that has to be addressed.

A haulage business in Kildare, which employs 29 people, contacted me yesterday because the cost of its policy has increased by 40%. The person who contacted me is considering whether he will renew it, scale down his business or close. It would have a massive negative impact on the local and national economy. We know what the issues and recommendations are. The question now is what will be done to bring reductions in motor insurance across all spectrums so people see results, which is not happening.

Minister of State at the Department of Finance (Deputy Eoghan Murphy)

I thank the Deputy for raising this important issue. The Minister for Finance has responsibility for the development of the legal framework governing financial regulation. Neither the Minister for Finance nor the Central Bank of Ireland can interfere in the provision or pricing of insurance products as these matters are of a commercial nature and are determined by insurance companies based on an assessment of the risks they are willing to accept. This position is reinforced by the EU framework for insurance which expressly prohibits member states from adopting rules which require insurance companies to obtain prior approval of the pricing or terms and conditions of insurance products. Consequently, the Minister is not in a position to direct insurance companies on the pricing level they should apply to particular categories of individuals. However, the Government accepts it is possible for the State to play a role in helping to stabilise the market and deal with factors contributing to the cost of insurance. Consequently, the Minister established the cost of insurance working group in July 2016 and appointed me as chair.

The need for action was recognised by Government and accordingly the working group comprises representation from across Government, including the Department of Finance, the Department of Jobs, Enterprise and Innovation, the Department of Transport, Tourism and Sport, the Department of Justice and Equality, the Personal Injuries Assessment Board, the Central Bank and the State Claims Agency. The working group consulted widely and published its report on the cost of motor insurance in January 2017. The report targets six main objectives including that of protecting the consumer. This objective in particular relates to protecting the consumer in the insurance purchasing process. Important issues in this regard include increasing levels of transparency in respect of premiums, improving access to insurance and enhancing the quality of engagement with consumers. Across the six objectives, the report contains 33 recommendations and 71 actions which are detailed in an action plan contained in the report with agreed timelines for implementation. The Department of Finance is taking the lead in co-ordinating the overall implementation of the plan and the first quarterly update on the implementation of the recommendations was published this afternoon on the Department’s website.

I have already provided a preliminary update to the Committee on Finance, Public Expenditure and Reform, and Taoiseach. Action is happening across a number of fronts as per the report’s action plan. There is no simple or single solution to the problem of increasing insurance prices which was recognised by the committee’s report on the matter last year. It is envisaged the implementation of all the recommendations with the appropriate levels of commitment and co-operation from all relevant stakeholders should achieve the objective of delivering fairer premiums for consumers. This in turn should lead to greater stability in the pricing of motor insurance and help prevent the volatility we have seen in the market in the past. It should also better facilitate potential new entrants to the market. The latest data from the Central Statistics Office indicate there has been no month-on-month increase in the cost of motor insurance during the first three months of this year. The trend shows that since summer 2016, there has been a decrease in the consumer price index of the cost of motor insurance. If this trend continues, I am hopeful it might signal the start of a stabilisation of pricing in the market as the actions continue to be implemented over the next 18 months.

In so far as additional competition into the market is concerned, the Central Bank has announced recently that applications for new insurance entities into the Irish market have been made to the Central Bank and other applications are imminent. In so far as employer liability insurance and public liability insurance are concerned the working group is now in its second phase of work and we are looking at those issues. The working group is engaging with industry stakeholders to see what additional measures might be introduced in addition to the measures that were announced in the action plan for motor insurance earlier this year.

Deputy Frank O'Rourke

I took some notes while the Minister of State was speaking. One of the last things he mentioned, which is very welcome if it is the case, was that applications have been made by four other companies to operate in the insurance market in this country. If it is the case, it will hopefully help the issue we are speaking about and also help the people who need it badly. It is the responsibility of Government to put measures in place to implement the findings of the commission and the Oireachtas joint committee. That is why it was set up. Perhaps we need to have shorter review times. The review period is quarterly but if we are serious about delivering results on the ground for the people and businesses that need it perhaps we should have more frequent review periods to let everyone see we are really serious about delivering for the people where it matters. People will be thinking we are just speaking about it again, which we have been doing for the past 12 or 14 months. It is not an issue that has happened overnight; it is one that has been happening since 2014. It is worth pointing out that between 2000 and 2013, when the Motor Insurance Advisory Board was in place there was not the escalation of motor insurance premiums of the scale we have had in the past three years. Perhaps we should have a shorter term review to send a strong message that we are serious about having results on the ground and about having a stabilisation and reduction of insurance premiums. That sends out a strong message.

I do not accept what the Minister of State said about there being no increases reported for the first three months of the year. I am not sure where those figures are coming from.

Deputy Eoghan Murphy

The CSO.

Deputy Frank O'Rourke

I can give the Minister of State the details of a plethora of individuals and businesses that have experienced increases in the region of 25% to 30% and he, the Department or the CSO office can ring them. Those increases are on individual premiums not to mention the business that, coincidentally, contacted me yesterday evening about 5 o'clock on this issue. I am not so sure how realistic the information is. On the ground the reality is that motor insurance premiums are increasing. It is putting people under serious pressure. We need to send out a strong message that it will not be tolerated and we will put measures in place to ensure it stops as soon as possible.

Deputy Eoghan Murphy

The strong message has been sent and the measures are in place and are being worked upon. Applications have been made by new entities to the Central Bank. I do not have the latest numbers but they were in the region of between three and five the last time I got the figures from the Central Bank. It is positive that new entities will be coming into the Irish market. I have to see how that plays out into the future in so far as other entities are concerned. The action plan's first quarterly report came out this afternoon. When one looks at that action plan, one will be able to see in detail what actions have happened according to the timeline envisaged for this first quarter of our report and also what progress has been made on actions that are due for completion in other quarters this year and next year. It is a very important level of transparency so that everyone here, all stakeholders, consumers and the Oireachtas, can see exactly how we are managing our targets. It shows progress. It is very important that I have already reported to the Oireachtas committee on a number of occasions and given preliminary reports ahead of that quarterly reporting. This is not a report sitting on a shelf. There are actions here with lead owners - people who are responsible for implementing these actions - and I, as chair, am responsible for reporting to make sure those actions take place. The level of transparency shows the commitment from the Government. The CSO figures show a positive trend. The CSO is responsible for calculating them. We should not causally question those figures unless we have a solid basis for doing so. On an anecdotal level, we are both aware of people who are still seeing increases in their individual premiums. The figures I gave were on motor insurance. The second phase of the working group's work is under way and is dealing with employer liability insurance and public liability insurance. We are looking at additional measures we can implement to add to the measures we already have in motor insurance. When one looks at the report, one will see the measures we are bringing in for the consumer with regard to transparency of data and things like fraud will have an impact beyond motor insurance and into other areas of insurance. There is still work to do there and it is important we get that work right. We do not want to take an action that might act as a disincentive for new entrants to come into the market. We need to see a competitive space in the insurance sector.

Hospital Waiting Lists

Deputy Tom Neville

This issue arises from a reply received to a question about waiting lists in University Hospital Limerick and non-attendees. Some of the figures I have been presented with are quite startling. The answer I received outlined outpatient department attendance in 2015. The number of new appointments was 34,900; of these, 5,633 did not attend.

Outpatient department review appointments totalled 115,649, with 18,701 non-attendances, representing 16% of the total. In 2016 new appointments totalled 35,536, an increase of approximately 600. There was also an increase in the number of no-shows which was up by between 400 and 500. That figure was creeping up to 17%, at 6,029. Review appointments in that year totalled 120,875, with 21,294 non-attendances, representing 17.6% of the total. We need to quantify the exact percentage each year. If one takes the cataract waiting list in University Hospital Limerick, for example, reducing the 16% no-show figure could increase the number of patients seen by between 130 and 140 per year.

Even from a standing still position, this would be a way of combating long waiting lists and increasing efficiency. The HSE has pointed out that the statistics to which I have just referred represent the total numbers of new and review outpatient clinic attendances between 2015 and 2016. The data include patients who do not attend. However, since the launch of the new iPMS patient administration system in 2016, the HSE has reintroduced text reminders for patients. This measure is being rolled out on a phased basis. The HSE will be assessing the benefits of the system and adding additional functionality throughout 2017. The word "reintroduced" was used in the context of text reminders. Were they used previously? If so, why were they not maintained? In the private sector text reminders are used by utility companies, telephone service providers, alarm companies and so forth. Everything is connected to the customer's mobile phone. Mobile phone operators alert their customers to the fact that their bills have been issued; waste companies remind customers to put out their bins in two or three days' time and so forth. Reminders are issued regularly. Such customer-focused, interactive systems are needed in the health service, particularly in the context of reducing waiting lists, because such systems would allow us to combat the challenges presented by such lists. We must identify efficiencies that can be made. In the context of the HSE assessing the benefits of the system, what criteria will be used? I also want to know what additional functionality will be added in 2017.

I am sure there is a lot more knowledge within the HSE than I have of technology that could be utilised. I should not even be raising the matter in the House. It should just be a fait accompli; it should be done. I want to know if a text reminder system was in place previously and, if so, why it was not maintained. I would also like to see the statistics for the rest of the country, given that we are looking at a 17% no-show rate in Limerick. The reminder system should be rolled out across the country as soon as possible.

Minister of State at the Department of Health (Deputy Catherine Byrne): On behalf of the Minister for Health, Deputy Simon Harris, I thank the Deputy for raising this issue. I agree with him on the need to reduce non-attendance for hospital appointments. According to the latest published HSE data, in 2016 there were over 135,000 patients who did not attend new appointments and over 343,000 patients who did not attend review appointments, comprising a general non-attendance rate of approximately 13%. The cost of these non-attendances is difficult to ascertain. In order to ensure outpatient clinics and the time of clinical staff are used to best effect, hospitals usually schedule a greater number of patients in order that clinics are fully utilised in the event that some patients fail to attend. The administrative cost associated with non-attendance is approximately €25 per patient visit. Even more significant, however, is the loss of allocated clinical time which could have benefited another patient. In that context, it is important that the HSE progresses initiatives to reduce the numbers of people not presenting for outpatient appointments. Technology has its part to play in a modern, efficient health care service. The Department of Health has asked the HSE to identify quick, practical solutions to resolve some of the challenges that face the health service on a daily basis. One of these challenges is to provide digital solutions in the area of non-attendance by patients for appointments. One of the solutions eHealth Ireland has proposed is to provide a standardised national patient reminder service using SMS or email. This solution has the potential to reduce the numbers who do not show up for appointments and, in addition, to allow current processes to be adapted and new procedures built to reallocate appointments slots to other patients. This standardised national text reminder service project has been initiated.

Some hospitals such as those in the University of Limerick hospital group have a text messaging reminder service which is integrated with the patient administration system and allows a texting reminder service to operate. This tailored solution will be evaluated when the project is in a later stage to determine if it would be appropriate as a standard approach across the system. In addition, under the new outpatient reform programme, the hospital system will be moving to advanced booking systems which will give patients two choices of appointment time. This has been shown internationally to dramatically reduce patient failure to attend. There is also a further proposal to validate waiting lists using SMS reminder messages which would quicken the validation process, reduce workloads and increase efficiencies. A pilot scheme is to be initiated shortly for both inpatient and outpatient services using SMS reminders for appointment validation purposes. These initiatives are being progressed in conjunction with the HSE’s outpatient waiting list action plan for 2017. The Minister for Health will be communicating the details of these plans shortly. Before I finish, I highlight the fact that the University of Limerick hospital group has been identified as a good performer in scheduled care. For instance, as reported in the waiting list figures published by the National Treatment Purchase Fund, NTPF, in the month of March, it was the hospital group with the lowest total number of patients waiting for an outpatient appointment.

Deputy Tom Neville

It is welcome that the University of Limerick hospital group performed well in the context of scheduled care. However, we must be more proactive in the use of the available technology. In the public sector we always seem to be behind the eight ball when it comes to technology, whereas the private sector is often ahead of it. We need to foster a culture within the health service that embraces technology and uses it efficiently to, first and foremost, help patients on waiting lists. That would have a knock-on effect in assisting front-line staff, for whom I have the height of admiration for how they go about their duties and their commitment to their jobs. Ireland is noted for the use of information technology in the private sector. We were the largest exporter of software 17 years ago. The text messaging service is 20 years old, but still we are pushing, scraping and fighting to try to have a text messaging system up and running in the public service. It should have been up and running years ago. We need to have more interactive technological systems in place in hospitals. While the University of Limerick hospital group has been a good performer, 5,633 patients or 16% of the total did not attend their appointments in 2016. I do not know how many of them were no-shows from 2015 and who had come back into the system. We need to get behind the figures to have the necessary intelligence, data and analytics. That is what happens in every business that survives; it gathers analytics and data and uses them to drive strategy, policy and decision-making.

Deputy Catherine Byrne

I agree entirely with the Deputy who I know has a huge interest in ICT and how it should work. That said, it is remiss of patients not to keep their appointments. Given that there are so many on waiting lists, when people do not show up, it causes difficulties for the staff running clinics. It is for this reason that most hospitals over-estimate the numbers who will not show up when making outpatient clinic appointments. I agree with the Deputy that a significant number of people do not show up for recurring appointments.

The Minister has outlined that we are in the process of moving to an advanced booking scheme which will give patients two choices of appointment time. I think that is a step in the right direction. These initiatives are being processed in conjunction with the HSE outpatient waiting list action plan. It is important that we develop the IT systems right across all hospitals and not just in particular mainstream hospitals. There is a need for us to catch up with the times, as the Deputy said. We are well noted around the world for our specialties in the IT systems. It is time to implement that in the health service, particularly around hospital appointment lists. I will bring some of the notes I have taken, particularly in respect of UL, to the attention of the Minister and I will ask him to reply directly to the Deputy on the two specific issues he has raised.

Crime Levels

Deputy Michael Healy-Rae

I want to raise the important issue of the increase in crime in County Kerry. Crime rates in the county have increased at a significant rate in recent weeks. On the weekend of 25 February last, there were six home invasions in the Muckross, Loughguittane and Glenflesk areas of County Kerry. These crimes were committed by thieves who made their way on a back road to the N22 route between Killarney and Cork. Thousands of euro and significant amounts of jewellery were stolen. These thieves even robbed all-Ireland medals from a house. In another case, an elderly man in Ardfert was tied up for hours while a gang of thugs raided his house and took a substantial sum of money. I will give one more example. A sum of €7,000 was recently netted by thieves who robbed crèches and a residential home in the Tralee area. The Minister for Justice and Equality has been telling people that the crime rate in this country is going down. I assure the House that crime has never been as high in County Kerry as it is now. I have given a number of examples. Elderly people in County Kerry and other parts of rural Ireland are terrified in their homes because of the increase in crime.

People can talk about figures all they like. We hear a lot about Operation Thor, but I believe all it is doing is taking these thugs off this country's network of main roads and motorways and onto the back roads of places like County Kerry. Our gardaí are under tremendous pressure when it comes to crime. They are doing their level best with the resources they have, but they are up against it as they contend with sophisticated thieves, blackguards and cowardly thugs. As I have said, the crime rate is very high in County Kerry at the moment. A lot of crime is going unreported. This is contributing to the fall in the figures. People are just not reporting some crimes. I did a quick and simple survey one time. I rang seven people I knew who had crimes perpetrated against them to ask them whether they had reported those crimes. Just three of them had done so. Their attitude was that reporting crime makes no difference. When people find that oil has been taken from their tanks, or that their garages have been broken into and their tools, chainsaws or personal bits and pieces taken, in many cases they decide not to bother reporting it because they believe there is nothing to be gained from doing so. I believe all crime should be reported because that is the only way people will realise the seriousness of the situation.

This Government, like its predecessor, has failed to protect our citizens in rural Ireland from the thugs who are breaking into homes to take people's hard-earned money. We have all heard of cases in which lovely elderly people around the country have been tied up in their homes. Breaking into the home of an elderly person to frighten, intimidate and steal from him or her is probably the most outrageous act that any person could do. Elderly people should be respected, cared for and minded, but instead we have the scum of the earth going around. I hope it might go out from here that these thugs are bad, dirty and horrible cowards. That is all they are. They would not be man enough to face another man who would be able to take them on. I feel very strongly about those who beat up elderly people. The rank-and-file members of An Garda Síochána who are dealing with these thugs are doing their level best with the resources they have. I commend the gardaí up and down the length and breadth of Ireland on the work they are trying to do. We will take these cowards on. I ask the Minister of State, Deputy Stanton, and his Government colleagues to provide more resources so that they can be taken on.

Minister of State at the Department of Justice and Equality (Deputy David Stanton)

I am responding on behalf of the Tánaiste who cannot be present for this debate, unfortunately. She asked me to speak on her behalf. I thank Deputy Healy-Rae for raising this important issue in the Chamber this afternoon. I assure him An Garda Síochána carefully monitors the activities of criminal groups affecting all areas of the country, including County Kerry, and is implementing strong policing measures to disrupt and dismantle their networks. The Deputy will appreciate the Garda Commissioner and her management team are ultimately responsible for the deployment of Garda resources, including personnel, to specific areas. The Tánaiste is advised that Garda management constantly monitors the distribution of resources in the light of crime trends and overall policing needs. The matters raised by the Deputy this afternoon will be taken into account in that context in a very serious way.

Significant resources have been provided to the Garda authorities, including an overtime allocation of €88.5 million for 2017, to support large-scale policing operations, including Operation Thor. The scale of Garda activity against burglary and property crime under Operation Thor has led to concentrated Garda activity, including more than 52,000 crime prevention patrols and approximately 74,300 targeted checkpoints nationwide. There have been approximately 4,400 arrests and 4,900 charges covering a range of offences which, in addition to burglary, have included handling stolen property, possession of firearms and drugs offences. The results are there and can be measured. As the Deputy has said, Operation Thor has targeted mobile criminal gangs engaged in burglary and related crimes. It is encouraging to note that since the launch of the operation in November 2015, burglary figures have shown a significant downward trend. The CSO's official recorded crime statistics for the fourth quarter of 2016 show a decrease of 30% in burglary offences compared to the previous 12-month period. This reflects the success of the concerted Garda drive against crime being implemented under Operation Thor. CSO figures for the Kerry Garda division show that there were reductions of 54% in burglary, 20% in theft and 55% in robbery for the 12-month period of 2016, compared to the same period in 2015. This parallels the implementation of Operation Thor.

I agree strongly with the Deputy that people should be encouraged to report all crime. The Deputy is correct when he says it is important for all crime to be reported. Otherwise, we do not know where we are going. I applaud the Deputy for his comments in this regard. As part of the concerted strategy to combat burglary, the Tánaiste made it a priority to secure the enactment of specific legislation targeting prolific burglars in the Criminal Justice (Burglary of Dwellings) Act 2015, which I know the Deputy has an interest in. These provisions are now available to gardaí to support prosecutions arising from Operation Thor. The reduction in the volume of burglaries as a result of Operation Thor will not be indicated in the overall detection rate for burglary. The Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 was commenced a year ago. It introduced the DNA database, which provides gardaí with investigative links, or hits, between people and unsolved crimes, including burglaries. This powerful tool is now available to the Garda. It is anticipated that this will assist in improving detection rates for burglary over the coming years.

Deputy Michael Healy-Rae

I do not want to get into a row about the statistics. My biggest problem with the statistics the Minister of State has given to the House is that when it comes to reported crimes, one is only as good as the information one is fed. The statistics seem to suggest that crime is decreasing, but my own little simple survey of seven people against whom crimes have been perpetrated found that those crimes were reported in just three cases. In such circumstances, how can we say that what the Minister of State has just told the House is 100% correct? I am not blaming anyone. It is nobody's fault. The amount of crime going unreported is distorting the figures. I have knowledge of the situation on the ground because I travel extensively throughout County Kerry. I feel that I know every back road and front road in the county. My own personal experience leads me to believe crime is actually increasing. That is why I want to raise this matter here today. I want to try to explain that. I am not fighting about it. I am not trying to blame anyone for it. I just want to highlight what I honestly consider to be a serious problem.

I wanted to get the message out that law-abiding people will not stand by and let these people think they can do what they like. People work terribly hard. Whether it is a bit of money or a few possessions, it is theirs. It did not fall into their laps. No one has the right to intimidate people.

I will give you, a Leas-Cheann Comhairle, one simple quick story that will put a smile on your face.

An Leas-Cheann Comhairle

It better be quick.

Deputy Michael Healy-Rae

My own house was robbed when I was away. I issued an invitation to the burglars to come back when I was there. They have not come back to me yet. These are the type of cowards with which one is dealing. They will strike when there is no one at home or if there are only vulnerable or elderly people in the house. They will not come at all if they think they will meet their match. It is an important issue of which we all need to be conscious. We need to support An Garda Síochána in the work it is doing to eliminate these people.

Deputy David Stanton

I again thank the Deputy for raising this important matter and I will be sure to pass on his comments to the Tánaiste and Minister for Justice and Equality for her consideration. We are all concerned about the kind of activity the Deputy has brought to our attention. It is very disconcerting for older people who find themselves in those situations.

The Deputy described it as opportunistic crime. I am sure he is encouraging people to report all crime. It is important to report all crime, no matter how small, because we then get a picture of what is going on and the Garda gets a picture of what is going on so it can apprehend people.

We must all remain vigilant in the fight against all forms of criminality in our communities. The Tánaiste and Minister for Justice and Equality and the Garda Commissioner remain in ongoing contact on the deployment of Garda resources in line with new and emerging crime trends. The criminals are learning to change too, as we know. Operation Thor has proved to be successful to date. The Government remains committed to ensuring the Garda has the necessary resources to tackle crime, not only in County Kerry but in all our communities. Underpinning all these measures is the Government's commitment to ensuring a strong and visible police presence across the country to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. The Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021, comprising 15,000 Garda members, 2,000 Garda Reserve members and 4,000 civilians.

I thank the Deputy for bringing this matter to our attention. We must always remain vigilant and ensure crime is reported, as well as informing people what they can do to protect their property to deter opportunistic criminals. As the Deputy said, burglars gained entry to his premises when there was no one at home. We must do everything to prevent that and to get people to report crime. The Tánaiste and Minister for Justice and Equality is taking this matter seriously and the Deputy’s comments will be noted.

Garda Investigations

Deputy Jonathan O'Brien

In Omeath, County Louth, on 11 October 2015, Garda Tony Golden was shot dead, Siobhán Phillips, a young mother of two, was grievously wounded and Crevan Mackin took his own life. Four days after the shooting, Deputy Adams received in his Leinster House office a copy of the statement of charges relating to the arrest in January of that year of Crevan Mackin. The following day he telephoned the office of the Minister for Justice and Equality. Five days later he wrote to both the Minister for Justice and Equality and the Taoiseach.

The document revealed Mackin was arrested on 16 January 2015 when he was accused of being a member of an illegal organisation and possessing explosives. It further stated An Garda Síochána believed he had access to six handguns, as well as explosives, ammunition and timing devices. According to his family and his solicitor, Crevan Mackin was taken at one point from a Garda station to a house in Edentubber, County Louth, where two of the six handguns were recovered. Later, Mackin was charged with membership of an illegal organisation but not with possession of the explosives or the weapons which he had admitted to being in his possession during the course of his interrogation and interviews. His family claim that Mackin told them later that he did a deal with his Garda interrogators that, in return for working for them, he would not be charged with firearms and explosives offences.

On 9 October 2015, two days prior to the death of Garda Tony Golden, Crevan Mackin, who had serious mental health issues and had access to several firearms, gave his former partner Siobhán Phillips, a prolonged and unmerciful beating. Such was the extent of her injuries that she required hospital treatment.

Following that assault Siobhán Phillips’s parents spoke to the duty officer at Dundalk Garda station on 10 October 2015 when they wished to make a complaint regarding the assault which had taken place the night before on their daughter. They were, however, refused an opportunity to make a statement at Dundalk Garda station.

They then proceeded to Daisy Hill Hospital in Newry on the same evening. There the PSNI took photographs of the extent of the injuries. After leaving Daisy Hill Hospital to return home, they flagged down a Garda car in Omeath and, again, tried to make a complaint about the assault which had taken place. Again, they were told they were unable to do so.

Being unable to make a statement on two occasions, the family were living in fear that night. They barricaded themselves into their own home and turned off the lights because they had such a fear of Crevan Mackin, who had serious mental illness, had access to weapons and viciously beaten their daughter over a prolonged period.

Does the Minister of State think it is acceptable that victims of domestic violence are treated in this manner where they are refused the opportunity on two separate occasions to make a statement about an assault?

Deputy David Stanton

I am taking this matter this evening on behalf of the Tánaiste and Minister for Justice and Equality who apologises that she cannot be present to take it.

The killing of Garda Tony Golden at Omeath in October 2015 was a tragic loss for his family and for his colleagues in An Garda Síochána. All Members will share my view that Tony Golden was a hero who gave his life doing his duty as a garda while seeking to protect a vulnerable woman. Whatever the nature of allegations that may be made, we must have the utmost sensitivity for those who have suffered so much as a result of these tragic events. I think particularly of Garda Tony Golden’s widow, Nicola, and his three children, as well as of Siobhán Phillips who suffered terrible injuries. We should not forget also the grief of Adrian Mackin’s family.

While it is important any issues of concern related to these tragic events are fully investigated, it is essential to remember the various allegations being made are just that - allegations. The truth or otherwise of those allegations has not been established and there are ongoing processes set out in law to do that. It would be prudent, therefore, not to jump to hasty conclusions. Many of the concerns set out were raised previously with the Tánaiste and Minister for Justice and Equality and they were brought quickly to the attention of, and pursued with, the Garda authorities in the context of their ongoing investigation and review processes into the shootings and related matters. The Tánaiste and Minister for Justice and Equality expects to receive a final report from the Garda authorities addressing these matters when the investigation and review are completed.

The Garda Síochána Ombudsman Commission, GSOC, recently announced its decision to initiate a public interest investigation into certain matters relating to these tragic events. It indicated this public interest investigation will take place alongside the ongoing GSOC investigation of complaints relating to these events that were made previously.

I welcome the actions being taken by GSOC in accordance with its powers under the law. These investigations must be allowed to take their course so that the truth, or otherwise, of certain allegations made can be established independently. Without seeking to prejudge the issues involved, it would obviously be of great importance to learn from the tragic events at Omeath. The GSOC investigation should be of considerable assistance in this regard.

There has been public comment on decisions made in respect of charging Mr. Mackin with certain offences.

Decisions in respect of prosecution of offences are matters for the Director of Public Prosecutions, who by law is fully independent in discharging these functions. This independence is a cornerstone of our criminal justice system. It has served the State well and should be fully respected. In these circumstances it would evidently not be appropriate to comment on those details.

Deputy Jonathan O'Brien

My question is whether the Minister of State thinks it appropriate or right that a victim of domestic abuse, who received a savage beating over a prolonged period, can be denied the opportunity to make a statement relating to an assault which took place the night before. Does he think it is acceptable? It is a simple "Yes" or "No" answer.

A Garda Síochána Ombudsman Commission, GSOC, investigation will not answer all the questions on this issue. The most pressing question is how Adrian Crevan Mackin was not charged with firearms offences despite his admission to them during the course of the investigation. The GSOC investigation will not determine why Mr. Mackin's bail was reduced from €20,000 to €5,000, allowing him to be released or at whose request this was done. We know this was not done at the request of his legal team. The only way we can get to the bottom of these questions is with a public inquiry.

The Tánaiste and the Taoiseach have ruled out the possibility of a public inquiry. The Minister of State indicates with respect to the Director of Public Prosecutions, DPP, that this independence is a cornerstone of our criminal justice system, serving the State well, and it should be fully respected. It did not serve Ms Siobhán Phillips or Garda Tony Golden very well as a man with serious mental health issues was allowed out on a bail reduced from €20,000 to €5,000 and was allegedly involved with assaulting an ex-partner. The following day, that person shot a garda and seriously injured Ms Phillips again by shooting her before turning the gun on himself. These are all questions that must be answered but that will not happen with a GSOC investigation, which is only a disciplinary process. It is not even a criminal process. I ask that the Minister of State and his Government consider initiating a public inquiry to get to the bottom of all these issues.

Deputy David Stanton

The House would appreciate that the matters involved in this case are evidently complex and sensitive. I urge against rushing to judgment about the allegations made. There are processes in place and appropriate powers under the law for the relevant authorities to investigate and seek the truth of these allegations. It serves nobody, least of all the victims and their families, to seek to short-circuit these processes. The Garda authorities are pursuing their investigation into these events and the Tánaiste has been assured that every effort has been made to conclude these ongoing processes without delay. However, it is essential to ensure they are handled properly and comprehensively.

As the House would appreciate, GSOC is the body established in law to investigate complaints about the conduct of members of An Garda Síochána. We must also be conscious of the fact GSOC has carried out investigations into these matters in accordance with its powers under the law and it is important those GSOC investigations should be allowed to take their course. With regard to a possible public inquiry, I have set out for the Deputy actions that are ongoing both by Garda authorities and GSOC in respect of the allegations being made in this case. It is imperative those processes should be allowed to take place. Until they are completed there are no plans to hold an inquiry.

There has been commentary about Mr. Mackin having been granted bail in respect of the charges he faced before the Special Criminal Court. The granting or not of bail and trial of offences are, as the House knows, a matter for the courts. The Judiciary exercises its functions entirely independently, subject only to the Constitution and the law.

Deputy Jonathan O'Brien

What about the statement of Ms Phillips?