Dáil Éireann Debate, Tuesday - 6 February 2018
46. Deputy Jim O'Callaghan asked the Minister for Justice and Equality his plans to address the continuing failure of An Garda Síochána to publish the review into homicide figures that was due in June 2017; and if he will make a statement on the matter. [5963/18]
Amharc ar fhreagra47. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality his views on the fact that the Central Statistics Office is not in a position to publish homicide statistics provided by An Garda Síochána due to potential misclassification; when he expects to be in a position to publish the review into these cases; and if he will make a statement on the matter. [5750/18]
Amharc ar fhreagraIn November 2016, senior Garda management was informed of emerging issues in respect of the accuracy of homicide data recorded on the Garda PULSE system. This matter was subsequently brought to the attention of the Policing Authority, which raised it with senior Garda management in April 2017. I am aware that there is serious concern within An Garda Síochána as to the accuracy of homicide data on the PULSE system. Even though these concerns have been brought to the attention of senior Garda management, very little appears to have been done to explore and resolve the problem. Why has the homicide review for the years 2003 to 2017 still not been completed? Is the Minister satisfied that the homicide data maintained by An Garda Síochána is accurate and classified appropriately?
I propose to take Questions Nos. 46 and 47 together.
I wish to thank the Deputies for raising this issue. An Garda Síochána continues to work with the CSO to resolve an issue which emerged regarding the classification of homicide offences. The expert oversight by the CSO of crime statistics is welcome in order to ensure that we can have confidence in the official crime statistics and can tailor our policies accordingly.
The Deputies will be aware that when a homicide occurs, the offence may be classified as murder, manslaughter or violent death. My understanding is that an issue emerged due to the fact that the classification of a crime may change as investigations evolve, for example, a murder charge may ultimately lead to a manslaughter conviction in the courts or an assault causing harm may subsequently result in a death some time later, necessitating a reclassification to murder or manslaughter.
I want to clarify that the issue about the classification of homicide statistics is not new. It was identified some time ago by the Garda and intensive work has been ongoing to resolve the issue. This work involves An Garda Síochána, the Policing Authority, the CSO and my Department.
An Garda Síochána initiated a review of homicide classifications, initially for the period 2013 to 2015, but later extended the review to cover the period 2003 to 2017. This is obviously a time consuming and complex process but it is important that both An Garda Síochána and the CSO are confident that their data is robust and accurate. While the review is under way, the CSO has suspended the publication of quarterly crime statistics, with the most recent published figures being for quarter 4 2016. The review by An Garda Síochána has not been published as it is not yet complete, however, the details will be made public on completion.
I am extremely concerned about reports that unlawful deaths have not been properly investigated. Any substantiated allegations of this kind would be most serious and a cause of grave public concern. The issue that has arisen in respect of homicide classification is complex and it is essential to clarify it in such a way as the facts can be clearly established.
I have not received any protected disclosures or allegations that unlawful killings have not been investigated and Garda management is adamant that all unlawful killings are investigated. I have seen no evidence to the contrary but I have asked An Garda Síochána for further formal assurances in this regard.
While I note that a figure of 41 deaths requiring reclassification has been mentioned in public discourse, that is not correct. An Garda Síochána has advised that its examination of 524 cases for the period 2013 to 2015 identified 41 cases which required further examination and, out of those, 12 deaths were identified which required reclassification on PULSE. In addition, a further peer review process of verification is under way in respect of these figures, as requested by the Policing Authority.
I want to assure the House that the Policing Authority continues to monitor this issue to ensure there is independent scrutiny of how An Garda Síochána records data. I welcome its continued diligence in this matter.
I also note the statement made by the authority last week indicating these issues will be considered again at the authority’s meeting with the acting Garda Commissioner, which will be held in public on 22 February. In advance of the meeting, my officials and I will meet representatives from the Policing Authority and An Garda Síochána tomorrow to discuss progress on this issue to date. I also discussed the issue with the acting Garda Commissioner yesterday in the course of one of our more general meetings. I assure Members the Department remains in close contact with the Central Statistics Office, CSO, An Garda Síochána and the Policing Authority to ensure a return to the publication of official crime statistics by the CSO at the earliest possible opportunity.
The word "homicide" is used by An Garda Síochána to identify on PULSE cases in which there may have been an unlawful killing. As the Minister said, not all of those cases will result in a conviction or indeed a prosecution in the first instance. There is a serious problem with the classification of homicides on the PULSE system and my understanding is that a complete homicide review for the years 2003 to 2017 is required. To date, such a review has not been completed. What must occur is a full and accurate examination of the paper files in the State Pathologist's office on suspicious deaths for the years 2003 to 2017. The information on those paper files must then be compared with the data on the Garda PULSE system and a review of the investigation files themselves must take place.
I am not stating, as the Minister asserted earlier, that there have been cases of unlawful killing that have not been investigated. My point is that we have had only a partial review to date. The Minister talks about 41 homicide incidents for the years 2013 to 2015 but I understand that a quarter of such cases have been misclassified because they are referred to on PULSE as the result of sudden death with a failure to refer to the possibility they may have been caused by a violent act of another individual who is suspected. PULSE may also fail to record that an assault resulted in a subsequent death. Those are the factors which need to be investigated but no investigation has been properly completed to date. I have continuing concerns that the review, which was started in 2016, has not been completed and I ask the Minister to take steps to ensure its completion because I do not believe the necessary urgency is there on the part of either the Garda or the Policing Authority.
The possibility that homicides were misclassified is of itself worrying and deeply unsettling. No crime is more serious than the taking of a life. The possibility that there are families who are not aware their loved ones may have been the victims of homicide and died in another manner is of the utmost concern. It is potentially scandalous if found to be the case. There has been discussion in the media that it is possible not only that some of these cases were misclassified but that potentially they were not investigated. The answer the Minister provided in a reply to a written parliamentary question I put down last week sets out his belief that each death was fully investigated by An Garda Síochána. Clearly, however, according to media reports there are those who were close to these investigations and who do not appear to believe that to be the case. Is the Minister still confident that An Garda Síochána investigated each of these cases properly and fully? When does he expect the review, which relates to a matter of very serious concern, to be completed and published?
The review will be completed at the very earliest opportunity. I have expressed my concern to the Garda authorities. I acknowledge what Deputy O'Callaghan has said. I did not suggest he had made any allegation on any investigation or otherwise. As far as the review of the 41 cases is concerned, each death was fully investigated by An Garda Síochána. I make that clear to Deputy Ó Laoghaire also. An Garda Síochána has also indicated that its individually-designated family liaison officers have been in contact with the families of the 12 deceased persons whose PULSE records required reclassification. That is important. I am satisfied, on the basis of assurances received by me, as far as the investigations were concerned. I reiterate this is a matter of concern. The Policing Authority, which has statutory functions in this area, continues to monitor the issue to ensure there is independent scrutiny regarding the way in which An Garda Síochána records the data. It has been diligent on the matter and continues to work on it. I intend to meet with the authority and Garda representatives tomorrow.
It is important to recall the consequences of misclassification. It means the Garda PULSE system does not provide the accurate information essential to the investigation of what may have been a homicide and which is relevant to persons who may be suspected by the Garda of involvement in a homicide. It is important to keep our eye on the key issue here. We want a PULSE system that is extremely accurate and which provides accurate information on any suspicious death. We must ensure that An Garda Síochána recognises that the review must be completed and devotes the resources required to achieve that. The review is not being treated with the seriousness it deserves. It is an extremely sensitive subject and it is imperative that the review be completed. I raise it with the Minister today in order that he ensures its completion. It is not an issue on which I wish to grandstand but the information available to me suggests the review has not been given the urgency it deserves. That is not just in respect of An Garda Síochána but also in respect of the Policing Authority, which was informed of this in April 2017.
I welcome that the Minister is meeting Garda representatives tomorrow. In his response, he said that as far as he was concerned, he wanted the review completed as soon as possible. On an issue of such public concern, potential weight and seriousness, we need a little more detail than that. We have no real sense or indication from the Minister as to when the review will be completed. That is required, not least to give the review the priority and urgency needed to see it completed and to restore public confidence in this area.
There is also clearly an issue with the attitude and emphasis placed on data and its quality. We have seen this issue arise across a number of controversies relating to An Garda Síochána. I tabled a question to the Minister on whether the Garda had taken action on the specific recommendation in the Garda Inspectorate's report on putting in place a director of data quality. There was nothing in the Minister's response to indicate this was something he intended to do. When will the review be completed and will the Minister create a position of director of data quality?
I do not disagree with what the Deputies have said about the urgency of this issue. I assure Members that An Garda Síochána is working actively with the CSO to address the outstanding issues with homicide statistics in order that the publication of officially-recorded crime statistics can recommence. The authority is monitoring developments and officials from my Department remain in close contact with the CSO, An Garda Síochána and the Policing Authority to ensure an early return to the publication of crime statistics.
Deputy Ó Laoghaire referred to the Garda Inspectorate’s 2014 report on crime. The report raised issues on the recording of crime statistics and included detailed recommendations designed to improve the consistency and accuracy of data within the PULSE system. As the inspectorate's report recognised, these issues have been reported in other police services and its recommendations drew on measures introduced in other jurisdictions. I remain satisfied that the acting Garda Commissioner and his management team are addressing the concerns identified in the inspectorate's report, including new measures to improve the incident recording process and important upgrades of the PULSE system. The consistent recording of crime data is not an issue that is unique to this jurisdiction. However, I am keen that this issue be resolved.
I share the concerns of Deputies and am happy to keep the House informed. There is a sense of urgency and importance in respect of this issue, which must be resolved. I want to see a resolution at the earliest opportunity but I recognise that issues of some complexity are involved.
