Alan Shatter (Dublin South, Fine Gael)
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Question 39: To ask the Minister for Justice and Law Reform if his attention has been drawn to an article (details supplied) relating to the death of Father Niall Molloy on 18 July 1985 regarding the investigation conducted into his death and the trial that followed; if in view of the revelations contained in the report he will ask the Garda Commissioner for the investigation into Father Molloy's death to be reopened so that the facts surrounding his death may be re-examined with a view to determining whether any new prosecution should take place; if he intends to ask the Garda Commissioner that an assistant Commissioner now conduct an investigation into the original investigation that occurred and examine all relevant files and papers to report on whether the initial investigation was properly conducted or, as an alternative, to ask that the garda ombudsman undertake such further investigation and report on the matter [42918/10]

Pat Rabbitte (Dublin South West, Labour)
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Question 40: To ask the Minister for Justice and Law Reform if his attention has been drawn to the call made by the family of Father Niall Molloy, who died in violent circumstances in a house in Clara, County Offaly, in 1985 for a new garda investigation into the case in view of new information that has emerged; if he will request the gardaí to re-open the investigation; and if he will make a statement on the matter. [43092/10]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 39 and 40 together.

The incident to which the Deputies refer was the subject of investigation by the Garda Síochána, which resulted in the submission of an investigation file to the law officers, who directed that a person be charged with manslaughter and assault occasioning actual bodily harm. At the subsequent trial, directions to acquit were given by the judge.

Following representations which I recently received, I requested a report on the matter from the Garda authorities. I am informed by the Garda authorities that, following the publication of the article referred to by Deputy Shatter, representations were also made to the Garda Commissioner requesting an investigation of the matters raised in it. The Commissioner arranged for a detective superintendent to meet the persons making the representations, particularly in the context of an assessment of whether there is new information or evidence available which could be pursued. I expect to receive a further report from the Commissioner when that assessment is completed.

The Criminal Procedure Act 2010 introduced a significant change to our laws governing the status of acquittals, by providing that an acquittal can now be set aside and the person re-tried where new and compelling evidence emerges. Previously, an acquitted person was entitled to an irrebuttable presumption of innocence. However, the Act's provisions do not apply to historical cases - they apply only to persons tried and acquitted on or after the date on which the provisions were commenced, that is, 1 September this year. This absence of retrospective effect stems from our constitutional framework.

Alan Shatter (Dublin South, Fine Gael)
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Could the Minister indicate to the House when the meetings that are to take place as arranged through the Garda Commissioner will occur?

Does the Minister agree that the recent revelations are disturbing and indicate the possibility that the integrity of the investigation into the death of Fr. Molloy was compromised, and second, that serious question marks arise about the manner in which the matter was dealt with at trial in the context of the judge directing that the charges be dismissed on the possibility that Fr. Molloy died as a result of a heart attack in the context of the Coroner's Court establishing that he died as a consequence of a vicious assault?

In addition to interviewing those from whom representations have been received and additional information furnished, will the Minister ask the Garda Commissioner to examine the manner in which the original investigation was conducted because there are now substantial concerns that crucial evidence was not taken account of, and in at least one instance was not made available in the context of any prosecution that did take place?

Dermot Ahern (Louth, Fianna Fail)
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I am not aware of when the discussions with the two people will be held, but I understand one has already been interviewed and the other, who is a third party and a relative of some of the people involved in the incident, will be interviewed in due course.

There was serious concern in and around the time of the trial and subsequent to it. There were also suggestions that it be re-opened. If any new compelling evidence comes forward, it will be a matter for the Garda Síochána. I cannot intervene in the re-opening of a criminal file by the Garda. If there is any new evidence, I would urge people in whose possession it is to come forward and give it to the Garda.

Pat Rabbitte (Dublin South West, Labour)
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Does the Minister not agree the story published in the Irish Independent by a reputable journalist is profoundly disquieting and ought to be a cause for concern for the Minister for Justice and Law Reform of the day? I thank him for the minimal information he has given Deputy Shatter. It is a great deal more and different in character from the information contained in the written reply he gave me approximately ten days ago when he essentially washed his hands of the matter. I welcome the change of heart over there, but it raises questions about written parliamentary questions and the way they are treated by Ministers and Departments.

Is the Minister not concerned that an inappropriate direction was given to the jury in this case, one that warrants the Garda's re-opening of the case? Nothing prevents him from expressing an opinion as to whether the facts as set out in the story justify the Garda re-opening the investigation to determine whether a new prosecution might be mounted.

Dermot Ahern (Louth, Fianna Fail)
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The issue goes back as far as 1985 or 1986. At this remove and due to the separation of powers, it would not be appropriate for the Minister for Justice and Law Reform to comment on the holding of and procedure followed in the trial by the judge in question. In the aftermath of the acquittal and the closing of the criminal trial, significant efforts were made to re-open it. On 9 December 1986 in Dáil Éireann, former Deputy Michael Keating asked the then Minister for Justice whether he intended to accede to the request of the relatives of the late Fr. Niall Molloy for a sworn inquiry into the events surrounding his death. The Minister, Mr. Alan Dukes, stated. "This case has already been the subject of a Garda investigation, a criminal trial and a coroner's inquest, which is, in effect, a sworn public inquiry." He also stated:

The holding of a further sworn inquiry could be justified only if there were some likelihood that some new facts would be brought to light. As there does not appear to be any such likelihood in this case I do not see how any further inquiry could be justified.

As a result of the recent publication in a newspaper, the Garda is in the process of discussing the issues with the people involved and those who have made representations, including the journalist. It will be a matter for the Garda Síochána to re-examine the question. It is not something in which I can intervene.

Brendan Howlin (Wexford, Labour)
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I want to allow further supplementary questions.

Alan Shatter (Dublin South, Fine Gael)
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Will the Minister assure the House that, in the context of the Garda re-examining the matter, the discussions and interviews to be conducted will go beyond the journalist and the second individual? The Garda should interview other individuals who are available and who may have information that could assist in determining whether a further criminal prosecution is warranted. If the Garda re-investigates the matter and it emerges that someone other than the individual who was originally prosecuted is appropriately brought before the courts and has charges pressed against him or her, does the Minister agree that no obstruction in the context of the 2010 Act would prevent that from occurring? Does he agree that the mere interviewing of two individuals is not an adequate re-investigation? Given the revelations now available and which contain different and additional information from that available to the former Minister, Mr. Dukes, is it not appropriate that the Garda would engage in a far wider investigation than merely speaking with two individuals? Will he assure the House the Garda will do so?

Dermot Ahern (Louth, Fianna Fail)
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It would be entirely a matter for the Garda to decide. It has received representations from two people. The Garda Commissioner has appointed a detective superintendent to prepare a report and interview the people concerned. If the detective superintendent believes other people should be interviewed as a result, I have no doubt he will do so.

Deputy Shatter is correct regarding the prosecution of someone else. The Criminal Procedure Act 2010 is not relevant in this respect. However, the prosecution of another individual is a matter for the Garda Síochána and is not something the Minister can direct. It would be done only on the basis of new evidence being available.

Pat Rabbitte (Dublin South West, Labour)
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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?

Dermot Ahern (Louth, Fianna Fail)
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The appropriate authority is the Garda where the investigation of criminal aspects is concerned. Regarding the investigation at the time, the then Minister stated:

I wish to make the point that the State took every possible step to ensure the full facts of the case emerged at the inquest. Senior and junior counsel were appointed to represent the State and all of the statements made to the gardaí and Garda maps and photographs were made available to the coroner.

Again, the reopening of this case is a matter for the Garda authorities. It is not for the Minister for Justice and Law Reform to give an opinion in relation to this. I do not have the luxury that Members of the Opposition have. I see they have already committed themselves, if they get into Government, to a full review of this issue. Perhaps Deputy Rabbitte will have a different power when he is on this side of the House, but I have to adhere to the separation of powers principle regarding the investigation.

Pat Rabbitte (Dublin South West, Labour)
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The commission of investigations is a matter for the Minister.

Dermot Ahern (Louth, Fianna Fail)
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Yes, but there is already a request for a reopening of this issue by the people concerned to the Garda Commissioner and the Garda authorities. A process is now in train and a detective superintendent has been asked to produce a file.