Status of investigation requested by Minister for Justice and Equality into matters arising from O’Higgins Commission

Update 12 January 2017

We have noted the Judge’s order, following a High Court application, to provide GSOC with access to documentation from the O’Higgins Commission.

This application was based on a request by the Minister for Justice and Equality under s.102(5) of the Garda Síochána Act, for GSOC to commence an investigation into matters discussed in a meeting that had seemingly been held between members of An Garda Síochána.

We expect the documentation within 6 six weeks of the order being signed. Once the documentation is received, the investigation can commence.

Original News Item 26 October 2016

In June 2016, the Garda Síochána Ombudsman Commission was requested by the Minister for Justice and Equality, under section 102(5) of the Garda Síochána Act 2005, to investigate certain matters arising from the O’Higgins Commission.

We were requested to establish the facts in relation to a reference, which was reportedly made during the course of the O’Higgins Commission, to matters discussed in a meeting that had seemingly been held between members of An Garda Síochána.

GSOC was not party to events occurring during this Commission of Investigation. Therefore we have had to request the documentation related to this reported occurrence.

We wrote first of all to the Garda Commissioner, requesting that any documentation of relevance to this matter held by the Garda Síochána be sent to GSOC. The Garda Commissioner was not in a position to give us the documentation because of provisions of the Commission of Investigations Act 2004.

We then sought the documentation from the Department of Justice. The Department was unable to release the documentation required to commence the investigation for the same reasons.

Therefore it appears that a court application will be required, to obtain the necessary order. We have sought the relevant legal advice.