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Garda Síochána Ombudsman Commission Investigations

Dáil Éireann Debate, Thursday - 27 October 2016

Thursday, 27 October 2016

Ceisteanna (51)

Jim O'Callaghan

Ceist:

51. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the status of the inquiry she requested GSOC to conduct into events surrounding evidence given to the O'Higgins commission and any attempt to undermine the credibility and motivation of a particular person's testimony; if any legal impediments have arisen that are preventing GSOC conducting its inquiry; if so, the details of same; the action that will need to be taken to overcome such impediments; and if it is intended to take such action. [32450/16]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, on 16 June 2016 I made a referral to the Garda Síochána Ombudsman Commission under section 102(5) of the Garda Síochána Act 2005 concerning certain allegations which arose following the publication of the final report of the O'Higgins Commission of Investigation.

Obviously I have to be careful not to say anything which might interfere with the investigation currently underway by GSOC. However, I can confirm to the Deputy that the Chairperson of GSOC wrote to me seeking access to certain records of the O'Higgins Commission of Investigation. In view of the provisions of the Commissions of Investigation Act 2004 concerning confidentiality of evidence given before a Commission of Investigation, I sought the advice of the Attorney General on the matter. Having received the Attorney General's advice I wrote to the Chairperson of GSOC pointing out that access to the records in question can be sought through an application to court for an order directing that the material be provided. It is now a matter for GSOC how to proceed.

While the granting of any such order is a matter for the Courts, I will, of course, comply with any such court order.

So, while there are legal steps to be gone through in order to seek access to the records in questions they are not necessarily legal impediments. Those steps are necessary, as the Deputy will be aware, to protect the integrity of the proceedings of Commissions of Investigation, in particular where evidence is given in private.

Therefore, it seems to me that the best approach at present is to allow the current procedures to continue. If they prove deficient then the issue can be looked at to see how they might be addressed.

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