On 13 May, 2014 the Government agreed to the establishment of a mechanism for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of the allegations, which have been made to the Minister for Justice and Equality, or the Taoiseach, with a view to determining to what extent and in what manner further action may be required in each case.
In five cases the setting up of inquiries was recommended by counsel on the Panel of the independent review mechanism. Three cases were recommended to be the subject of special inquiries relating to the Garda Síochána under section 42 of the Garda Síochána Act 2005 while the other two cases were recommended for non-statutory inquiries. Following the advice of the Attorney General the Minister decided that all five inquiries should be established under section 42 of the Garda Síochána Act to ensure that the persons conducting the inquiries have the necessary powers to call witnesses before them and require the production of any relevant documentation.
On 15th May 2017 the Minister made orders establishing these inquiries. The five inquiries and the persons appointed to conduct them are as follows:
- An inquiry into the storage and retention of investigation files relating to the death of Mr. James Clancy in a road traffic accident on 1 December 1987 to be conducted by Judge Mary Collins; S.I. No.196 of 2017
- An inquiry into the conduct and adequacy of the investigations conducted by the Garda Síochána into the death of Mr. Shane Tuohey in February 2002 in Clara, County Offaly to be conducted by his Honour Judge Donagh McDonagh; S.I. No. 197 of 2017
- An inquiry into responses made on the night of the death of Mr. John Kelly at Britain Quay, Dublin 2 on 17 October 2008 by the Garda Síochána, and the conduct and adequacy of the Garda Síochána investigation conducted thereafter to be conducted by the Honourable Mr. Justice Daniel Herbert; S.I. No. 198 of 2017
- An inquiry into the adequacy of the Garda Síochána investigations and disciplinary inquiries that took place between 1984 and 1986 following the death of Mr. Patrick Nugent in County Clare on 11 February 1984 to be conducted by Judge Patrick Clyne; and, S.I. No. 199 of 2017
- An inquiry into the Garda Síochána investigations into the accusations of financial irregularity made in 1999 against Mr. Frank Mulcahy, formerly of the Irish Small and Medium Enterprises Association (ISME) to be conducted by Judge Patrick McMahon. S.I. No 200 of 2017
The Terms of Reference for the inquiries are contained in the Schedules to the relevant orders, which together with the contact details for the judges conducting the inquiries can be found on the website for each individual inquiry.