Panel Review have looked at 140 cases

Panel Review half way through!

Department of Justice and Equality
Garda Misconduct Allegations

Niall Collins (Limerick, Fianna Fail)
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514. To ask the Minister for Justice and Equality the status of the independent review panel of complaints against An Garda Síochána; the timeline for the completion of the review; the personnel currently on the review panel; the conflict of interest procedures on the panel; if the findings of the panel will be published; if a debate will be held on the report; and if she will make a statement on the matter. [41459/14]
Niall Collins (Limerick, Fianna Fail)


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517. To ask the Minister for Justice and Equality the timeframe for the completion of the independent review mechanism currently being conducted by the panel of barristers; the number of cases that have been completed to date; and if she will make a statement on the matter. [41519/14]


Niall Collins (Limerick, Fianna Fail)
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519. To ask the Minister for Justice and Equality the actions she will take to address cases similar to those currently being reviewed by the independent review mechanism when the review mechanism ceases to function; and if she will make a statement on the matter. [41521/14]


Clare Daly (Dublin North, United Left)
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533. To ask the Minister for Justice and Equality the numbers of cases that have been reviewed by the review panel; if persons have been notified of the results; and the outcome or current status of their cases. [41946/14]

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 514, 517, 519 and 533 together.

The Deputies are referring to the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach, with a view to determining to what extent and in what manner further action may be required in each case. A panel consisting of two Senior and five Junior Counsel was established for the purpose. The counsel appointed to the panel, and who were all selected on the basis of their experience of the criminal justice system, are:
Senior Counsel: Conor Devally, Paul Greene.

Junior Counsel: Paul Carroll, John Fitzgerald, Tony McGillicuddy, Siobhán Ni Chúlacháin, Karen O'Connor.

Appropriate steps have been taken to ensure that nothing arises which might in any way detract from the integrity of the review mechanism, 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.


It was originally anticipated that the review would last some ten to twelve weeks. However, the availability of Counsel due to the operation of the Courts calendar together with the volume of complaints submitted means that this timeframe will be exceeded. As I already mentioned, it is important that nothing arises which might detract from the integrity of the review mechanism. It is therefore considered inappropriate to place a time constraint upon the working of the Panel, although they intend to conclude their work as soon is reasonably practicable.

I understand the panel have to date reviewed almost 140 cases and I expect recommendations to be submitted to me in due course. I will decide whether any further action is desirable and could practicably be taken in each case in light of the recommendations made by Counsel on the Panel, and each complainant will be notified accordingly.

While it would not be appropriate to publish individual recommendations, I will consider how best information on the outcome of this process could be made public.
While the independent review mechanism was established as a temporary measure, it was envisaged that there might be a need to consider the case for a continuing capacity to review further cases which may arise in the future. I have no doubt that the contents of the recommendations received from the Panel will inform how we deal with such issues once the independent review mechanism has concluded its work.

The Deputies will be aware however that, as part of the Government's comprehensive programme of reform in the areas of policing and justice in the State, I am bringing forward new legislation to amend the Garda Siochana Act 2005 to strengthen the remit and powers of GSOC, which is the statutory independent body set up under the Act with oversight functions in relation to the Garda Siochana. One of the legislative changes is to broaden the scope for me as Minister to refer any matter that gives rise to a concern to GSOC for investigation, and I would envisage GSOC as the primary mechanism for the future examination of allegations of this nature.

Getting married again, at Gretna Green!!!

ANOUNCEMENT: We just back from the most relaxing holiday ever in the middle of no where with no phone or internet and nothing to do but walk and study. I wanted to let you all know that Simon and I renewed our wedding vows at Gretna Green to celebrate 20 years of marriage and being together 28 years this month. I arranged it all as a surprise for Simon he knew nothing about it until we arrived at Gretna Green, he was delighted and said it was the best day of his life!!! Not only did we renew our vows we actually got married AGAIN under the old Scottish Laws and we were given a marriage certificate too! The ceremony we took part in was called 'Hand Fasting' where they bound both of our left hands together and we made promises to each other. We married at the old blacksmiths anvil which is world famous and is still the most romantic place in the world to marry and our ceremony consisted of just the two of us, the registrar and our dog Kane who they allowed in to be best man!!!! That's why he is wearing the tartan dickie bow in our photos!!! It was so very intimate and I was so happy I cried, I actually couldn't believe I pulled it off because we were so remote I had to drive 20 miles to get to a computer for phone numbers and to make the arrangements. I made the phone call to Gretna at 4.45pm and the shops were closing at 5pm that left me 15 minutes to find a dress, flowers and a shirt for Simon. Because the wedding was booked for the NEXT DAY! Now because it was a walking holiday I had no make up, no shoes (only a pair of leather boots and walking shoes) and neither of us brought any good clothes with us as we intended to be home every night snuggled up by the fire. On top of that, I had to pretend to Simon I was buying a dress for the Christmas party which this year is a masquerade ball, so I had ten minutes to find the dress fit it on, and try to find shoes to match that's why the dress is black lace because Simon thought I was buying it for our Christmas party! I didn't find any shoes so had to wear my winter boots. However our marriage ceremony was NOT about clothes, the dress, or my hair and make up, it was about two people being in love and wanting to marry each other again and to take time out in the awful world we live in to remember how much we mean to each other. Simon had brought a pair of black jeans, so I bought him a shirt to go with the jeans after sending him out of the shop pretending I was buying him a Christmas present. The shirt he is wearing in the photo was the only shirt in the shop and they didn't sell ties or dickie bows! Then I had to hide everything from him and get him to Gretna where I gave him the news. He is usually the romantic one between us, so he loved the whole idea, we were both very happy and it was a wonderful intimate day for us where I told him in my vows that nothing had ever beat us, and nothing ever will. OK we get knocked down but we are never down for long and one of us always picks the other one up. Simon picks me up with his enormous quiet strength and I pick Simon up with humor and make him laugh and smile. Nothing can part us or keep us down, nothing ever did and nothing ever will, not even cancer. I wasn't going to share this as it still feels so new, but Simon has been diagnosed with prostrate cancer, right bang slap in the middle of one of the worst years I have been having with my legal battle. But I decided to share to show others that no matter how hard life gets, no matter what life throws at you, you can still shut the world out if only for a day, and be happy or take time to love or to remember your strengths and your achievements; I'm also delighted to announce I WILL be graduating this year as I am nearly finished my Thesis and can safely say I will complete my degree on time. I was supposed to graduate last year, but the whole case blew up again and left me spinning and distraught, and feeling robbed and cheated when I had to ask for another year to complete my studies. I want those who thought they destroyed me to know that they haven't won, I can still achieve, I can still love and I can be loved right back by a brave wonderful man who now has his own battles to win as well as my battles too. But even though tomorrow may be awful, and the day after. We managed to stand still right in the middle of a huge storm and face the worse of it. And we are not done yet, we are about to face a different kind of battle, but that won't knock us down either. I want those who abused me to know, especially my parents and my siblings and my old teachers at primary school. And the pedophile ring in Dalkey, you did NOT steal everything, I am NOT just an abuse victim, I am a wife, a mother, a student, a friend, a fighter, a warrior, a survivor, I'm not and NEVER will be just your victim, you WILL not define me, I decide who and what I am, I always have, and I always will. Tomorrow probably will be tough, and the day after, just like many days before, I have been to hell and back a thousand times over, no doubt I will go back again a thousand times more, but even in hell I can fight and win, or take the time to look around me, and create my own destiny. I just wanted to share with you all that there is love out there, that we can find love no matter what we have been through, we are lovable, we can love and be loved, we can achieve, we can fight, and we can overcome, maybe not today, maybe not tomorrow, but there is hope, you can shut the door, bolt the world out, and step out of the nightmare even for a day. Despite the fact our car broke down on the way home and it took ten hours to complete what should have been a four hour journey I smiled all the way home even though we were tired and cold nothing could steal our joy. Even though we return to face the real world this week of hospital appointments and decisions to make. I feel a strange sense of calm and peace and strength, a feeling of that whatever happens we will be OK. I never really talk about this either how I believe in God, and recently things were so very tough that all I knew to do was to go to God and pray, pray for strength and courage, pray for the ability to carry on my battle in Ireland because I can't give up now, though it is tempting of course, and I was riddled with guilt as I tried to support Simon through the maze of tests etc and apply myself to the legal battle too. I felt I should have been more focused for Simon, instead of barely getting through each day. The legal battle is so very hard on its own, so to to have cancer to deal with on top of it is unbearably hard on both of us. So I went to God and I prayed for his guidance and strength and for peace, I was so troubled I desperately needed the gift of peace, if you have peace, you have everything, but I also needed to have courage and strength, it is not easy to hold onto peace, courage and strength, and that's why I want to share. To offer hope if only for today, before the real world knocks on my door again tomorrow, but for today I feel strong and at peace, and in my world and with what I am facing and coping with day to day, that is a miracle. I have been blessed with the miracle of faith and hope and courage and strength and joy. And I have been blessed with love from a wonderful strong honest reliable man who still doesn't ask any thing of me or expect me to give up on Noleen or my siblings or to give up fighting for myself, he still wants me to battle on against injustice and betrayal and when I ask him why, he replies 'because it is the right thing to do' Even when his own health is at risk he still encourages me to fight on, against the injustices and betrayals I have suffered because its the right thing to do. And with that kind of love and support is it any wonder I feel at peace, and feel that no matter what we will both be OK? I am truly blessed.