Garda Misconduct Allegations

Dáil Éireann Debate, Thursday - 15 January 2015

Thursday, 15 January 2015

Ceisteanna (28)

Pádraig MacLochlainn

Ceist:

28. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if she will address the patent conflict of interest within the independent panel of counsel that has been asked to investigate the circumstances leading to the death of a person (details supplied) who was killed by a hit and run driver at Carrickmacross, County Monaghan on 2 August 2011; if she will instigate a commission of investigation into the person's death as the issues raised by the person's family go beyond allegations of Garda malpractice and indeed encompass much of the criminal justice system in this State. [1321/15]

Freagraí scríofa

Minister for Justice and Equality

Appropriate steps have been taken to ensure that nothing arises which might in any way detract from the integrity of the mechanism for the independent review by a panel of counsel of complaints of Garda misconduct to which the Deputy refers, including issues of conflict of interest.  Arrangements have been put in place to ensure that if there is any conflict, or potential conflict, the conflicted counsel not only will not be involved in the particular complaint, but also will not be aware of which counsel is reviewing it.  This is normal professional conduct and there are sufficient counsel on the Panel to ensure the practicality of this.  Whatever steps are necessary will be taken to ensure there is no conflict of interest.  This has been explained to the family of the person to whom the Deputy refers, to their solicitor and to this House in reply to a number of Parliamentary Questions raising the matter.

It would not be appropriate to comment upon the potential outcome of individual complaints being reviewed by this mechanism before I have received and considered counsel's recommendation therein.