Dáil Éireann Debate, Thursday - 2 April 2009
135 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that all files relating to complaints deemed finalised by the Garda Complaints Board up to and including 2005 have been destroyed. [13941/09]
Amharc ar fhreagra136 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the considerations that preceded the decision by the Garda Complaints Board to destroy all files in relation to complaints deemed finalised by the board up to and including 2005; and the basis for the decision. [13942/09]
Amharc ar fhreagra137 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if the statutes of limitations were taken into consideration by the Garda Complaints Board when it decided to destroy in 2008 all files in relation to complaints deemed finalised by the board up to and including 2005. [13943/09]
Amharc ar fhreagra138 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his views on whether, in the context of the decision by the Garda Complaints Board to destroy all files in relation to complaints deemed finalised by the board up to and including 2005, at a minimum any files relating to cases and incidents that are currently sub judice should have been retained. [13944/09]
Amharc ar fhreagra139 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of files destroyed, in the context of the decision by the Garda Complaints Board to destroy all files in relation to complaints deemed finalised by the board up to and including 2005, that relate to ongoing legal cases to which the State is a party. [13945/09]
Amharc ar fhreagra140 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if the Attorney General advised the Garda Complaints Board to destroy all files in relation to complaints deemed finalised by the board up to and including 2005; and if he will make a statement on the matter. [13946/09]
Amharc ar fhreagra141 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that in August 2008 the Garda Complaints Board destroyed the files in relation to two complaints made by a person (details supplied) in County Kerry in view of the fact that High Court proceedings had commenced in relation to the subject matter of the complaints; and if this matter warrants full and public investigation in the interests of justice, transparency and public confidence. [13947/09]
Amharc ar fhreagraI propose to take Questions Nos. 135 and 141, inclusive, together.
I am aware that all files relating to complaints deemed finalised by the Garda Síochána Complaints Board up to and including 2005 have been destroyed. The Garda Síochána Complaints Board consulted with my Department, the Garda Síochána Ombudsman Commission and the Office of the Attorney General before taking its decision to destroy these files. The Garda Síochána Complaints Board sought the advice of the Attorney General as to the potential options in relation to the Board's files when the Board would cease to exist. The Attorney General also consulted with my Department before giving its advices to the Board.
I am informed by the Board that files for the period in question were not destroyed where the Garda Síochána Complaints Board were aware of or party to legal proceedings. It may well be that civil actions are being taken against the State by persons who previously made complaints to the Board where the Board is not a party to such proceedings.
The Garda Síochána Complaints Board is an independent body and discharges its statutory responsibilities in accordance with the Garda Síochána (Complaints) Act 1986. It is the Board's policy not to comment on individual cases. I note that the person referred to by the Deputy is currently undertaking civil proceedings against the State. In the circumstances, it would be inappropriate for me to comment further.
