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The Tánaiste and Minister for Justice and Equality, Frances Fitzgerald TD, has forwarded the report of the inquiry by Mr Justice Clarke under section 109 of the Garda Síochána Act 2005 to Garda Síochána Ombudsman Commission (GSOC). Section 109 (6) of the Act requires the Minister to forward a copy of any such report to GSOC for such action as it considers appropriate in the circumstances. The report has also been forwarded to the Garda Commissioner.

The Tánaiste is also publishing Part I of the report. A number of legal issues arise in relation to publication of the full report at this stage, including possible prejudice to pending criminal proceedings, which will require further examination. However, the Tánaiste is satisfied that it is possible in the public interest to publish Part 1 of the report now.

The report contains a number of recommendations, including the need to review the 2005 Act to address issues related to the scope of inquiries under section 109. It also makes a number of recommendations related to practices and procedures by GSOC concerning how investigations are designated as criminal or disciplinary investigations and the conduct of those investigations. The Tánaiste stated that those recommendations relating to the legislation will be examined carefully to see what changes are necessary and appropriate, and that she had no doubt that GSOC would similarly wish to consider the recommendations relating to its practices and procedures.

Addressing the report, the Tánaiste said: “Sergeant Galvin’s death was a tragedy for his wife and family, for his Garda colleagues and for his community. This week I again met Mrs. Galvin, along with her family and solicitor. I know that no words of mine can heal the hurt that so many feel at his loss.”

The Tánaiste wishes again to record her thanks to Mr Justice Clarke for the efficient and sympathetic manner in which he conducted his inquiry.

A copy of Part I can be accessed via the following link:

http://www.justice.ie/en/JELR/Pages/Extract_from_the_Report_of_The_Honourable_Mr_Justice_Frank_Clarke_concerning_an_Inquiry_pursuant_to_Section_109_of_the_Garda_Siochana_Act_2005

Note to Editors

In June 2015 the Minister for Justice and Equality initiated an inquiry in accordance with Section 109 of the Garda Síochána Act 2005. The decision arose following public concern after the tragic death of Sergeant Michael Galvin who had been the subject of a GSOC investigation into Garda interaction with Ms Sheena Stewart who died as a result of a road traffic incident on 1 January 2015. The inquiry was conducted by Mr Justice Frank Clarke of the Supreme Court.

The report was received in the Department of Justice and Equality on 4 May 2016. Following the advice of the Attorney General, particularly in relation to a prosecution which is pending arising from a road traffic incident on 1 January 2015, the Tánaiste has decided to publish only Part I of the report for the present. Therefore the Tánaiste will not be making further comment until it is possible to consider publication of the remainder of the report at a later stage.