Garda briefing on Evan Fitzgerald case
Deputy Kelly questioned why the Minister for Justice had not been briefed about the Evan Fitzgerald case and the Garda undercover operation. The Tánaiste expressed sympathy, said the matter was between the Commissioner and Minister, and noted an urgent update had been sought.
Under section 41 of the Garda Síochána Act 2005, the Garda Commissioner must inform the Minister for justice about any major issues. On 1 June, Evan Fitzgerald tragically and very publicly took his own life after getting bail on being charged after an undercover Garda operation. Why did the Garda Commissioner not brief the Minister for justice on the details of this case and the facts that there was an undercover operation and that the guns were supplied by An Garda Síochána? More important, is it appropriate and right that I, as a member of the Opposition, had to ring the Minister for justice about this and inform him about it? Is it correct that I had to tell him to go to the Garda Commissioner to ask him about the full details of this case? Would we have ever known the full details of the case considering what was said in court on 4 March last year? Would we have ever known the full details if I had not to ring the Minister for justice on 3 June in relation to this?
Comment on this
I extend my sympathy to the family of the young man, Evan Fitzgerald. He was a countyman of mine. The incident was a great shock in the local community and County Wicklow. I understand this is a complex case. Obviously, I am not privy, nor should I be, to when the Garda Commissioner does or does not use the provision in the Act. That is a matter between the Commissioner and the Minister, but I understand the Minister for justice has sought further information from the Garda Commissioner on the case. I also note the comments of the Taoiseach last week on this issue and the need for a review. I support the Taoiseach in his comments on that.