Dáil Éireann Debate, Tuesday - 22 November 2016
118. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the action she or An Garda Síochána has taken with regard to the case pertaining to her reply to a person (details supplied) of 11 January 2016; and if she will make a statement on the matter. [35748/16]
Amharc ar fhreagraAs the Deputy will appreciate, investigations in relation to criminal acts are properly dealt with by An Garda Síochána in the first instance and I, as Minister, have no role in relation to the conduct of particular Garda investigations. Similarly, the decision on whether or not to prosecute in a particular case rests solely with the Director of Public Prosecutions, and it is not open to me intervene in this regard. However, to be of assistance, I have asked the Garda authorities for a report on the matter and I will contact the Deputy directly when the report is to hand.
The following deferred reply was received under Standing Order 42A
I refer to your recent Parliamentary Question (No. 118 of 22 November 2016) where you sought:
"....the action she or An Garda Síochána have taken with regard to the case pertaining to her reply to a person (details supplied) of 11 January 2016......"
As you will recall, the requested information could not be obtained in the time available and I undertook to contact you again when the Garda report was to hand.
I have been informed by the Garda authorities that these matters arose many years ago and have been the subject of civil court proceedings. I am also advised that, more recently, Gardaí have been in contact with the person in question but no statement of criminal complaint has been made to An Garda Síochána. In these circumstances it does not appear that An Garda Síochána can offer any further assistance to the person.
As I outlined in my original reply to you, it is not open to me, as Minister, to intervene in such matters. However, the person in question may wish to consider seeking independent legal advice in relation to his concerns.
