Garda Misconduct Allegations

Dáil Éireann Debate, Thursday - 16 February 2017

Thursday, 16 February 2017

Ceisteanna (65)

Clare Daly

Ceist:

65. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the reason she has not agreed to hold an inquiry under Article 2 of the European Convention on Human Rights regarding the death of a person (details supplied), in view of the fact that this is the only acceptable inquiry for the family; the reason she and her Department have failed to respond to the family's legal team and keep them updated; and if she will make a statement on the matter. [7796/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The Deputy should be aware that, arising from a recommendation of the Independent Review Mechanism, the Tánaiste has decided to establish an inquiry under the terms of section 42 of the Garda Síochána Act 2005, as amended.

My Department wrote to the family of the person referred to by the Deputy on 23 November 2016 to inform them in general terms of the matters which the inquiry will examine. Subsequently, a letter issued to the solicitors appointed by the family, on 17 January 2017, advising them that I do not accept that their client's Article 2 rights have been infringed and the reasons for same.

The solicitors have also been advised of the steps that have been taken to date with regard to the advice that I have sought from the Attorney General and the consultation which has taken place, as is required by section 42 (3A) of the Garda Síochána Act 2005, with the Policing Authority on the terms of reference.

When there is further information available, the family's solicitors will be advised accordingly.