18 November 2015
Dear Mr Clarke,
I am directed by the Minister for Justice and Equality, Ms Frances
Fitzgerald, T.D., to refer to your correspondence dated 7 September 2015.
The delay in replying is regretted.
In May 2013, the Garda Síochána Ombudsman Commission (GSOC) made a report
to the then Minister for Justice and Equality under Section 80(5) of the
Garda Síochána Act 2005 following its investigation into allegations of
collusion between an individual and members of An Garda Síochána.
In its letter accompanying the report GSOC stated that a file relating to
its public interest investigation was sent to the Director of Public
Prosecutions (DPP) pursuant to Section 102(2) of the 2005 Act. The section
provides that GSOC shall send a copy of a designated officer’s report to
the DPP where the report contains matters that may constitute an offence by
a member of An Garda Síochána.
Having considered the file the DPP advised that the file did not warrant
prosecution of any individual. Thereafter GSOC considered and decided
against launching any investigation of matters which may constitute
The Minister has no role in the initiation of prosecutions and,
accordingly, you will appreciate that it would not be appropriate for the
Minister to comment further or to intervene in the DPP’s decision.
Neither has the Minister a role in the investigation of complaints against
members of An Garda Síochána.
It is the responsibility of GSOC to receive complaints from the public
concerning members of An Garda Síochána. GSOC is entirely independent in
the performance of its functions.
It is open to anybody who has a complaint about the manner in which they
have been dealt with by An Garda Síochána to bring that complaint to GSOC.
I trust that this clarifies the matter.
Private Secretary to the
Minister for Justice and Equality