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Question

750. Deputy Sorca Clarke asked the Minister for Justice the number of Garda complaints referred to and investigated by GSOC relating to counties Longford and Westmeath in each of the years 2019, 2020 and to date in 2021. [52592/21]

Answer

Minister for Justice (Deputy Helen McEntee): As the Deputy will be aware, matters may be referred by An Garda Síochána to GSOC under section 85 or section 102(1) of the Garda Síochána Act 2005 (as amended).
Section 85 of the 2005 Act requires An Garda Síochána, upon receipt of a complaint regarding misconduct made against a Garda member in accordance with section 83(2) of the Act, to forward such complaint to GSOC.
Section 102(1) of the Act requires that the Garda Commissioner shall refer any matter to the Ombudsman Commission that appears to indicate that the conduct of a member of the Garda Síochána may have caused death or serious harm to a person.
GSOC have provided me with the following table indicating the number of section 85 and section 102(1) cases for 2019, 2020 and 2021 (to date) relating to Longford and Westmeath.

Year County Type of Referral No. of Referrals Investigated or Examined by GSOC(s. 91 s.94/s.95 or s.98)*
2019 Longford s85 4 1
2019 Westmeath s85 13 2
2019 Longford s102 (1) 1 1
2019 Westmeath s102(1) 1 1
Year County Type of Referral No. of Referrals No. Investigated by GSOC (s. 91 s.94/s.95 or s.98)*
2020 Longford s85 5 1
2020 Westmeath s85 14 2
2020 Longford s102 (1) 1 1
2020 Westmeath s102(1) 2 2
Year County Type of Referral No. of Referrals No. Investigated by GSOC(s. 91 s.94/s.95 or s.98)*
2021 Longford s85 2 1
2021 Westmeath s85 8 2
2021 Longford s102 (1) 1 1
2021 Westmeath s102(1) 0 0

*Complaints and referrals may be investigated or examined by GSOC under a number of different provisions of the Garda Síochána Act 2005, namely section 91, section 94, section 95 or section 98. Section 91 is an examination conducted by GSOC following the receipt of a section 102(1) referral following which GSOC may close the matter or commence an investigation. Section 94 and section 95 are investigations into possible breaches of discipline. Section 98 is an investigation into alleged criminal misconduct.