Paul Murphy demands answers on two-year GSOC report delay

Minister, it's now over two years since George Nkensho was shot dead by the Gardie in Blancherstown, a young man shot dead and the GSOC report still hasn't been published. Two years, incredible. The family has been driven into a situation of having to take civil action, the inquest hasn't been able to conclude as a result of the GSOC report being published. I know the Minister will say, it's GSOC, it's not me, that's true, but there is a problem here if you cannot get a GSOC report about such an important matter within two years. I want to thank Deputy Murphy for raising this important matter. I do want to begin by extending my sincere sympathies and the government to the family of the late George Nkensho and their very sad loss. While events of this nature are thankfully extraordinarily rare in this country, that is of no comfort to his grieving family, my thoughts are with them and the circumstances must be fully investigated. As the Deputy will be aware, the fatal shooting is the subject of an investigation, as he has said, by the Gardie in Blancherstown Ombudsman Commission, by GSOC. This is the independent statutory body which is established with full investigation powers. Deputy Murphy will appreciate that I cannot comment on an ongoing investigation. However, I am advised by GSOC that it has deployed significant resources to this investigation. I am further advised that the investigation is at an advanced stage. I understand that a draft report pursuant to Section 101 of the Garda-Shirkhana Act 2005 as amended has been prepared and is currently subject to internal and external peer review as well as legal review. I understand that once the report is completed and a decision reached by the Commission, GSOC will issue a statement on the matter. GSOC will also make its findings publicly available as and when any other statutory process is permitted to do so. GSOC has also informed me that it will continue to liaise with the family on developments and it will ensure that the family are, quite rightly and importantly, given appropriate notice before any public statement is issued. Dr. Geoffrey Murphy? The Minister's answer is almost word for word and I understand that is how it works for the answer that was given to Deputy Kenny back on the 6th of December of last year and things still have not moved. So we keep asking, the family in particular keep asking, we are told that the report is around the corner, but it still hasn't arrived. I mean, does the Minister agree that there clearly is some sort of problem in terms of resources, in terms of powers, if you cannot have a situation where such a report can be concluded and published within two years and all of the consequences for that in terms of the inquest, in terms of civil proceedings where everything is simply on hold as a result of waiting for this. This isn't the first instance in terms of potentially serious injustice, Shane O'Farrell, Trevor Wheelock and then the slowness in terms of getting reports and so on completed. I am conscious that there is a grieving family in all this. I am very conscious of that fact and it is so important that this matter is fully investigated by GSOC. I can't comment on the ongoing investigation. It is important that this House has decided that GSOC must be and should be independent of the exercise of its functions. But I am advised, and I can only relay to the Deputy the latest information I have, that it is at an advanced stage, that GSOC will make its findings publicly available, as other statutory processes are permitted to do so, and that the family will be given appropriate notice before any such statement is made. I am also aware that legal proceedings have been initiated, and there are therefore some limits on what I can say in relation to the matter. I do take the point the Deputy makes, or indeed asks, in relation to, not to put words in his mouth, but is it effectively a resourcing issue or the likes? I mean, I am assured that it's not, and I've sought that assurance. I am assured that GSOC have the resources necessary to complete the investigation of this tragic incident, and I am advised by them, as I say, that it's at an advanced stage, the stage of the process that it's at, and we have obviously increased the GSOC budget over the last six years by 40%. Thanks. I mean, George cannot be brought back. His family understand that. But they do want truth and justice, and they want to try to make sure that this cannot happen again. And a proper, independent inquiry is an important part of that. I hear what the Minister is saying, that this isn't a matter of resources, but then, what is the issue? I mean, two years, what's so complicated about producing a report for two years? Like, I just don't understand how it takes that long to speak to witnesses, to investigate what happened, etc. There clearly is some sort of problem. GSOC is clearly not fit for purpose. I mean, I think what we need here, like what we need in the case of Shane O'Farrell, like what we need in the case of Terence Wheelock, is a full and independent inquiry. Because I just think it's obvious that there is a very significant problem with GSOC carrying out and publishing resource within, in a kind of timely manner that is necessary to provide justice for the family. Thank you to Deputy Donnelly and thanks to Deputy Murphy. I mean, I fully agree that this matter needs to be fully investigated. Of that, there is no disagreement. I can only relay the answer as truthfully as I've been given it, which is that there is now a draft report that it is out for internal and external peer review and for legal review. I have been assured by GSOC that it's not a matter of resourcing, and if it was, I would ensure that that wasn't the issue. In relation to the overall issues and different deputies' views in relation to oversight and governance structures, we will have the new policing, security and community safety bill in this House next week, which does obviously look specifically at governance and oversight framework for policing and accountability structures. I'm sure deputies will have a chance to make their views known at that stage. And I suppose the point that both deputies, I think, have made in relation to, you know, why can't a public inquiry be established while the GSOC investigation is underway? Well, obviously, firstly, GSOC is a statutory independent body, but in fact, in many ways, and this is my view, that it does constitute a much more powerful and intrusive investigation than any form of statutory investigation, and that's how it was designed by law. They can actually make wider systemic recommendations on issues that they investigate, so I'll continue to keep in contact with the deputies on this matter. Thank you.