Check Against Delivery

Topical Issues Debate 27 January 2015

Micheál Martin T.D.

Reply by the Minister for Justice and Equality, Frances Fitzgerald TD

I wish to thank the Deputy for raising this matter for debate. I share his concern that the very shocking allegations of sexual assault in 2006 which have been reported in the media should be properly addressed.

I have a profound abhorrence for sexual and domestic violence in all its manifestations and have worked in many fora over the course of my career to tackle this type of crime.

The reports regarding this case are indeed very serious and I am sure that all in the House will agree that they merit the most thorough investigation. Apart from the very brutal nature of the reported assault in this case there are disturbing allegations about a lack of response from state agencies including An Garda Síochána and the health services.

It is important that these matters are dealt with sensitively and are fully addressed and I can assure the House that this will be done.

I can advise the House that the person in question wrote to me and to the Garda Commissioner in late November / early December 2014. In view of the very serious nature of the allegations which were made I requested a full report from the Garda Commissioner on the matter and my Department informed her that I would be in contact again when I had that report.

The Commissioner has now reported to me that she has tasked the Regional Assistant Commissioner with compiling a report on the matter and appointing an Inspector to address the issues involved in this case. This process of course includes making appropriate arrangements to meet with the victim. The first such meeting has already taken place earlier this month. The Garda Commissioner has advised that direct contacts with the person in question are continuing with a view to obtaining full information on the case and a further meeting is due to be held shortly.

I can inform the House that the person in question also raised a second issue in the correspondence which is not in the public domain and on which it would not be appropriate to comment publicly. However, in light of this matter the Commissioner has now referred the correspondence which was received to the Garda Síochána Ombudsman Commission in respect of that specific issue.

For the sake of completeness, I should say that there have in fact been Court proceedings, relating to an assault on the person concerned. I think it is best that we await a full report setting out the facts as they can be established.

When I receive a further report from the Commissioner I will consider what further action may be necessary. In this regard, the Deputy will be aware that, as Minister, I have powers to refer matters to GSOC. What I think is important – and I hope the Deputy can agree – is that we establish the facts as best we can, so as to inform what further action might be needed. I will not hesitate to take any further necessary action which is indicated, including an independent investigation.

I should also say that there are potentially criminal aspects involved and obviously we must do nothing which might impede a criminal investigation.

When I have received a full comprehensive report from the Garda Commissioner I will, of course, contact the person concerned in relation to her complaints.

It is of course open to the person in question to make any complaints she wishes to the GSOC and, even though there are time limits which normally apply, GSOC can investigate any complaint if they consider it is in the public interest to do so.

The Garda Inspectorate Report raised a number of very serious issues in relation to the treatment of victims of domestic and sexual violence. They made a series of recommendations which are being implemented by An Garda Siochana. Proper inter agency engagement and support is critical for victims of rape and sexual assault including between Garda and Health authorities. I am aware that issues regarding the health services response have also been raised. They do not come within my direct remit, as the Deputy will appreciate. I should mention that the correspondence which I received did not raise concerns about the person’s treatment by the health services.

Clearly however, all agencies need to work together to improve the response to victims of sexual assault, and the need to provide a better overall response was highlighted in the recent Garda Inspectorate report. I will certainly take up the points Deputy Martin has raised, and any other issues which emerge relating to the health service response, with my colleague the Minister for Health.

It is essential that in this and all similar cases we do not lose sight of the paramount importance of supporting the victims of crime and ensuring that everything that can be done to assist them is actually done. This is an issue of great importance to me in my work as Minister for Justice and Equality and I can again assure the Deputy that I take the concerns expressed in this case extremely seriously.

ENDS