Establishment of a Commission of Investigation into the fatal shooting of
Ronan Mac Lochlainn by members of the Garda Síochána in the course of an
armed robbery in Ashford, Co. Wicklow in May 1998
Remarks to the Committee on Justice, Defence and Equality by Ms Frances
Fitzgerald, TD, Minister for Justice and Equality on the motion seeking
approval of the draft Order establishing the Commission.
16 July 2014
Chairperson,
At its meeting on 1 July, the Government decided that matters relating to
the fatal shooting of Ronan MacLochlainn in Ashford, County Wicklow, in May
1998 are of significant public concern. The Government also agreed to the
processes relating to establishment of the Commission as defined in the
Commissions of Investigation Act, 2004 in relation to this matter,
including the bringing of a resolution before the Houses of the Oireachtas.
In 2010, the partner of Ronan MacLochlainn, Ms. Gráinne Nic Gibb, took a
case against Ireland under the European Convention on Human Rights alleging
a failure on the part of the State to carry out an effective official
investigation into this fatal shooting in accordance with the terms of
Article 2 of the Convention.
During friendly settlement negotiations on the case, a Commission of
Investigation was proposed as a means of ensuring the State’s compliance
with the Convention in this matter. The settlement negotiations did not
reach a satisfactory conclusion. Instead, in a Unilateral Declaration which
was submitted to the European Court under Article 62(A) of the Convention,
Ireland admitted to a technical breach of the Convention in this instance
and, by way of a remedy, offered to conduct a Commission of Investigation
into the fatal shooting. In return, the Court was asked to strike out the
case.
In its decision of 25 March 2014, the Court struck out the case on the
basis that a Commission of Investigation would meet Ireland’s obligations
under the Convention in this matter. Having regard to the outcome of this
case, and with the approval of the Minister for Public Expenditure and
Reform, I proposed to Government that a Commission of Investigation be
established and the Government has agreed to this proposal. I must
emphasise that, without prejudice to the work of the Commission of
Investigation, its establishment relates to a failure of process on the
part of the State into this fatal shooting.
The draft Order specifies me as the Minister for Justice and Equality as
the Minister responsible for overseeing administrative matters relating to
the establishment of the Commission, for receiving its reports and for
performing any other functions given to the Minister under the Act. It also
authorises me to set the Commission’s terms of reference. I have arranged
for the terms of reference to be provided to the members of this Committee.
As provided for in section 5(2) of the 2004 Act, the terms of reference of
the commission will be published in Iris Oifigiúil.
The draft Order also authorises me to appoint the member or members of the
Commission. I have nominated an experienced criminal lawyer to act as the
sole member of the Commission and to enquire into the following matters:
1. The circumstances surrounding the fatal shooting by An Garda
Síochána of Ronan MacLochlainn on 1 May 1998 in Ashford, Co Wicklow.
2. All relevant Garda matters including the policies, practices and
procedure of An Garda Síochána relating to the planning and control of
the operation which led to the fatal shooting, and relating to
training provided to personnel who were detailed for the Garda
operation concerned.
The terms of reference provide that the Commission shall keep Ms Gráinne
Nic Gibb, the Applicant in the case to the European Court of Human Rights,
involved in the investigation to the extent necessary to safeguard her
legitimate interests.
As the members are aware, the conduct of the Commission of Investigation is
a matter for the sole member appointed to run the Commission. Essentially,
the task of the Commission is to decide whether the use of force by the
Garda Síochána in this instance was proportionate.
It is envisaged that the Commission will report in 6 months. Based on this
time frame and excluding third party costs, the overall cost of this
Commission of Investigation is estimated to be in the region of €350,000.
In accordance with the provision of the 2004 Act, following consultation
with the Commission and with the consent of the Minister for Public
Expenditure and Reform, I will have guidelines prepared on the payment of
legal costs and other expenses to persons who become involved with the
Commission.
In conclusion, arising from the outcome of the case to the European Court
of Human Rights, it is now necessary to proceed to establish a Commission
of Investigation into this fatal shooting. In accordance with the
provision at section 3(2) of the Commissions of Investigation Act 2004, the
approval of both Houses for the draft Order is required. Accordingly, I
would be grateful for the support of this Committee for the resolution
which is currently before it.
ENDS
Proposed terms of reference for a Commission of Investigation pursuant to
the Commissions of Investigation Act 2004 into the shooting of Ronan
MacLochlainn in 1998
The Minister for Justice and Equality, mindful of the State’s obligations
to conduct an effective official investigation into all deaths arising from
the use of force by agents of the State (which obligation devolves from
Article 2 of the European Convention on Human Rights as developed in the
relevant case-law of the European Court of Human Rights) will appoint a
Senior Counsel to undertake a thorough investigation and make a report
within 6 months in accordance with the provisions of s. 32 of the
Commissions of Investigation Act (No. 23) 2004 on the following specific
matters:
1. The circumstances surrounding the fatal shooting by An Garda Síochána of
Ronan MacLochlainn on 1 May 1998 in Ashford, Co Wicklow.
2. All relevant Garda matters including the policies, practices and
procedure of An Garda Síochána relating to the planning and control of the
operation which led to the fatal shooting, and relating to training
provided to personnel who were detailed for the Garda operation concerned.
The Commission shall keep Ms Gráinne NicGibb involved in the investigation
to the extent necessary to safeguard her legitimate interests.