Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

As the Deputy knows, mutual legal assistance provides for states to seek and afford assistance in relation to matters which are the subject of criminal investigations or proceedings. This assistance is usually sought and provided on a confidential basis, as any public comment relating to a request for assistance may prejudice or impair the investigation giving rise to the making of a request. However, in this instance, given that a certain amount of information is already in the public domain, I think it appropriate to make some comment in the matter. While the European arrest warrant proceedings were before the Supreme Court, on 25 October 2012, the Office of the Director of Public Prosecutions wrote to the central authority of my Department enclosing a copy of an analysis prepared in the DPP's office of the evidence gathered in the investigation and directions in the matter from November 2001.

This matter was raised immediately with the Attorney General, who advised that copies of the documentation should be furnished to both the legal representatives of Mr. Ian Bailey and the French authorities, and this was done. Separately, on 4 November, the Director of Public Prosecutions, at the request of the Attorney General, forwarded some other records to Mr. Bailey's legal representatives. At the request of the DPP's office, the central authority forwarded this documentation to the French authorities. I was subsequently informed that, prior to the completion of the European arrest warrant proceedings before the Supreme Court, the documentation in question had formed the basis of a complaint on Mr. Bailey's behalf to the Garda Síochána Ombudsman Commission. It was not necessary for me, therefore, to use my powers to refer the material to the commission on the conclusion of the Supreme Court case as it was my understanding that the matter was already before it.

I should also mention the issue of assistance being afforded to the French authorities in the investigation they are carrying out into the death of Ms du Plantier. This has been provided on an ongoing basis in the light of Ireland's legal obligations, reflected in various international co-operation instruments and domestic legislation. The French authorities have sought further assistance and this is under consideration at present. Correspondence has been received from the legal representatives of a person regarding the continued provision of mutual legal assistance in this case. The French authorities were informed in early April, including through correspondence between me and my French counterpart, that material - the tapes to which the Deputy referred - had emerged in the context of a related civil case. Given these circumstances, legal advice has been sought on the request for further assistance.

I assure the House that should new evidence come to light in relation to the brutal and tragic killing of Ms du Plantier, it will be pursued fully. The Deputy will also be aware that the Garda investigation into her death is part of the terms of reference in the commission of investigation to be conducted by Mr. Justice Fennelly.

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