Pat Rabbitte (Dublin South West, Labour)

Is it not the case that the difference between the answer given in December 1986 and today's situation is that such new facts as referred to by the then Minister for Justice have emerged? For example, these new facts relate to the time lag between the death occurring and the Garda being called, the fire in the Offaly coroner's office and the destruction of the file, and the retired sergeant who was first on the scene proffering new information, if not new evidence. Are these not the new facts in respect of which the Minister for Justice in 1986 seemed to say the case would be re-investigated?

I am not asking the Minister to make a judgment or to interfere inappropriately. Rather, I am asking him to say there is sufficient information surrounding this affair for him to say he is disquieted. I am not asking him to refer to the trial that took place, although a member of his party who was then a journalist wrote a timely paean of praise to the judge in that trial despite the fact the decision to direct acquittal caused uproar at the time. Could the Minister be more forthcoming?

Does the Minister not believe this would be an appropriate case for a commission of investigation under the recent Commission of Investigations Act? The facts are so disturbing and profoundly disquieting that the family, which is only looking for the truth, deserves to have the allegations, new information and new evidence, if it be new evidence, tested. Is the fastest and cheapest way to do this not a commission of investigation? Is this not a matter for the Minister rather than the Garda Commissioner?

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