Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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Cynthia Owen was the victim of the most barbaric and heinous crime imaginable.

Derek Keating (Dublin Mid West, Fine Gael)
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I am obliged to tell the Deputy it is strictly prohibited to mention names and make charges in such a case by ruling of Standing Orders.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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This Topical Issues matter is about this person.

Derek Keating (Dublin Mid West, Fine Gael)
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It is listed as "details supplied". I feel obliged to remind the Deputy he is restricted from mentioning names.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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It is in the public domain and the issue is about this person. As a ten and 11 year old child she was ritually abused and raped by, she says, members of her own family, members of the community and, she alleges, three senior gardaí from the area. When she was 11 a child, Noleen, issued from this abuse who shortly afterwards was murdered and found in a plastic bag down a lane having been stabbed more than 40 times with knitting needles. One of the gardaí-----

Derek Keating (Dublin Mid West, Fine Gael)
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I am obliged to intervene and draw the Deputy's attention to the fact charges cannot be made in the House.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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I am not making a charge. These are facts in the public domain.

Derek Keating (Dublin Mid West, Fine Gael)
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The Deputy is referring to charges that have been made.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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These are facts in the public domain. I am well aware of the legal constraints.

Derek Keating (Dublin Mid West, Fine Gael)
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They are allegations and not charges.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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I said there were allegations but some of it is fact. I distinguished between the allegations and the facts and I will continue to do so. The Acting Chairman has completely thrown me.

Derek Keating (Dublin Mid West, Fine Gael)
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I do not apologise for doing so because I am obliged to draw the Deputy's attention to the fact-----

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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I do not understand why this Topical Issues matter was selected if there is a problem with it.

Derek Keating (Dublin Mid West, Fine Gael)
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The Deputy is prohibited from mentioning names.

Timmy Dooley (Clare, Fianna Fail)
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It was selected by the Ceann Comhairle.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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My time is being run down.

Derek Keating (Dublin Mid West, Fine Gael)
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I am only following Standing Orders of the House.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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One of the people accused by Cynthia Owen as being one of the abusers was one of the gardaí who arrived on the scene when her baby was found. Evidence of the murder of the baby was lost and contaminated and the investigation into this most heinous of crimes was closed down after six weeks. No one was ever brought to trial for it. Cynthia alleges the abuse continued as did the abuse of her siblings, three of whom later took their own lives.

The Minister is aware of all of this because he acted as solicitor for a period for Cynthia Owen. A coroner's inquest confirmed the baby murdered was Cynthia Owen's baby meaning, and this is beyond doubt, a crime was committed. She was raped as a child and her baby was murdered. Incredibly, no one has ever been brought to justice for this.

In recent weeks I asked the Minister, on foot of representations from Cynthia and her legal representative, Gerry Dunne, whether the Minister would meet with them to discuss reopening the investigation into this case. He stated he would not do so because it might raise unrealistic expectations and he referred to the Gageby report on this matter, which was published in 2007. This response is completely unacceptable because the Gageby report was a paper review. Mr. Gageby refused to talk to Cynthia Owen even though she offered to give evidence. Her solicitor reports that only a few weeks before being appointed to this position Mr. Gageby stated publicly, at a national prosecutors' conference, that he believed cases of rape and abuse more than 15 years old should not be investigated. He stated counsellors and psychologists working in this area usually gave unreliable evidence. This was a very biased position to take on an examination of such a serious issue. The examination was a travesty.

The Minister is well aware of the facts because he represented Ms Owen for a while. Cynthia Owen is asking for an independent public sworn inquiry to reopen the case and examine how the investigation was conducted and get justice. This is a very reasonable request. She has written to the Minister and the Taoiseach-----

Derek Keating (Dublin Mid West, Fine Gael)
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The Deputy is over time.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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The Acting Chairman took one minute of my time.

Derek Keating (Dublin Mid West, Fine Gael)
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Not for the first time I draw the Deputy's attention to the Standing Orders which prevail.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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She is asking for a sworn independent inquiry into this matter. Will the Minister positively respond to this?

Finian McGrath (Dublin North Central, Independent)
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Hear, hear.

Alan Shatter (Dublin South, Fine Gael)
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I thank the Deputy for raising the matter. This is a matter with which I have an intimate knowledge because for a period of time I represented de bonoCynthia Owen in my law firm and tried to be of assistance to her. I am aware of background information and I do not know whether the Deputy is aware of everything of which I am aware. This is a case which greatly troubled me during the period of time I sought to be of assistance to her. I emphasise I sought to be of assistance to her de bonoand there was no question of being paid anything in case the Deputy wants to make some allegation about this. This was an issue I took, and still take, with great seriousness.

I fully understand the detailed concerns that have been raised about the infant who died in such terrible circumstances and I am, of course, deeply conscious of the ongoing profound trauma and distress of the mother of the child concerned. The House will be aware that concerns raised by myself and many others regarding this case led to the appointment in 2007 of an independent senior counsel, Mr. Patrick Gageby, by the then Minister, to conduct a thorough examination of the matters relating to this tragic death. It is regrettable the Deputy would use this House to defame Mr. Gageby and he should withdraw the comments he made.

The Deputy should withdraw the comments he made. Mr. Gageby is a well-respected senior counsel who was appointed by my predecessor to examine this matter. It was a time when I was raising this issue from the Opposition benches as well as publicly.

Mr. Gageby's terms of reference provided for a comprehensive review of all of the relevant information concerning the death of the child in question, as well as the complaints made regarding the Garda investigations into the incident. Mr. Gageby reported in September 2007 and, having considered the report's recommendations, the then Minister accepted its findings. In keeping with those findings, he decided against establishing a further inquiry. I am aware that a summary of Mr. Gageby's views was furnished to the individual's then solicitors and, ultimately, they were given access to the full report. The request was made by my predecessor that the report be published and I understand the person concerned and her lawyer were not agreeable to the publication of Mr. Gageby's report. I am not privy to the reason this was so, but simply am telling this to the Deputy because I would prefer there to be transparency to the extent of its being published.

Insofar as the question of a criminal investigation into the case is concerned, it is important to note that in addition to the original Garda investigation, a number of further Garda investigations have been carried out over the years in response to statements made to the Garda by the mother of the infant. On foot of these investigations, files were submitted to the Director of Public Prosecutions, DPP, who on each occasion directed that no prosecution take place. A further investigation file also was submitted to the DPP in the context of matters which came to light following the coroner's inquest in 2007 and again, no direction to prosecute was received. Insofar as the question of any further criminal investigations into these distressing events is concerned, Members will appreciate that I have no function with regard to the initiation, management or direction of criminal investigations, which are a matter for the Garda authorities, nor in respect of the prosecution of offences, which is a matter for the DPP. It of course remains at all times a matter for the Garda authorities to consider the question of any further criminal investigation.

I can also inform the House that I received a petition with a significant number of signatures on behalf of the mother of the child concerned on 4 April calling for an independent inquiry. Further correspondence also was received from her legal representatives raising complex issues of concern. On foot of this, I sought a full report from the Garda authorities on the issues raised and on the contact which I understand is taking place between local Garda management and the person's legal representatives, which contact preceded the petition received on 4 April. In this regard, I am advised that senior local Garda management has met with the legal representative of the person in question to assess the issues of concern which have been raised and with a view to attempting to resolve these concerns. I am advised that the most recent meeting took place on 31 March 2014. I understand that some further inquiries have been conducted and the matter is presently ongoing. As soon as I receive and consider the report I have sought, I will be in a position to communicate further with the person in question, including with respect to her call for a further inquiry into these matters.

I assure the Deputy that I take this matter with the greatest of seriousness and indeed took it so seriously that at an early stage following my appointment, I made inquiries within my Department with regard to it. The Deputy does not need to convince me of the tragic background. I emphasise to the Deputy that a range of allegations has been made, and I will not prejudge the truth of those allegations, but the background circumstances as described by the individual in question are troubling and tragic. However, in the context of where matters stand so far, it certainly has been the view of the DPP that there is not sufficient evidence to warrant the taking of a prosecution in the matter. Should something now emerge as a result of the further inquiries that are being conducted, I will treat it with great care and seriousness.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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I accept that some matters are simply at the level of allegations, but some aspects are not allegations but facts. The coroner's court established that the baby, Noleen, who was murdered, stabbed 44 times and left in a lane, was Cynthia Owen's. As Cynthia Owen was 11 years old, therefore it follows directly that she was raped. There is no question but that an absolutely heinous crime was committed against a child. Nobody has been prosecuted for that, even though the victim of this crime has stated who she says committed that crime. The fact she states it does not make it fact, but it certainly seems to me is the basis for requiring a proper investigation of that case. It is absolutely extraordinary that the victim was not interviewed in a review of this case carried out in 2007, despite the fact that the victim and her representative contacted the senior counsel, Mr. Gageby, and said, please interview us. How can that be constituted as a serious inquiry into this most heinous of crimes? I do not wish to cast aspersions on anyone, but I cannot fathom how in a situation such as this the victim would not have her request to be interviewed about the crimes committed against her acceded to by someone looking at the case. She therefore begs for justice and for the allegations she has made and the crimes committed against her to be investigated properly.

I am glad to see that in the last few weeks there seems to have been movement on this, and if the Minister said there is confusion about publishing reports and so on, that is a reason for him to meet them to clarify these matters if it would help to move this forward. However, I do not understand why the Minister refuses to meet them. Having spoken to Ms Cynthia Owen's solicitor this morning, they wish to know what is the timescale for the Garda to report back to the Minister about its investigations bearing in mind that the only gardaí investigating this are gardaí serving in the Dún Laoghaire area where the crime was committed, albeit a new generation of gardaí. This is not to cast aspersions on them by any means, but this matter is so serious, and given that there is an allegation that gardaí were involved in the abuse and the alleged cover-up, there must be a commitment to something more serious in respect of an investigation of these matters. A sworn public inquiry is what Ms Cynthia Owen has asked for and what I believe any fair person looking at it would say she deserves.

Alan Shatter (Dublin South, Fine Gael)
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I can only reiterate to the Deputy these are serious matters. Unfortunately, I cannot require that a prosecution take place. It is a matter for the DPP to be assured that the evidence available merits prosecuting an identified individual or identified individuals and that there is evidence sufficiently persuasive to indicate a reasonable possibility of a prosecution being successful.

Billy Kelleher (Cork North Central, Fianna Fail)
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That is a fair change of attitude on the part of the Minister.

Alan Shatter (Dublin South, Fine Gael)
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The review of the papers by Mr. Gageby, the engagement by the gardaí-----

Timmy Dooley (Clare, Fianna Fail)
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The Minister had a different tune when he was on this side of the House.

Alan Shatter (Dublin South, Fine Gael)
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There is no point in a member of Fianna Fáil shouting at me when these were matters put to bed by that party in government in 2007.

Billy Kelleher (Cork North Central, Fianna Fail)
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The Minister made promises to act when he was over here.

Timmy Dooley (Clare, Fianna Fail)
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He made promises when he was over here.

Derek Keating (Dublin Mid West, Fine Gael)
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Please allow the Minister to respond.

Alan Shatter (Dublin South, Fine Gael)
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Perhaps the Deputy might contain himself just for once. This is a serious issue and the Deputy should not play politics with it.

Timmy Dooley (Clare, Fianna Fail)
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The Minister shows no consistency.

Alan Shatter (Dublin South, Fine Gael)
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Moreover, the Deputy should not make the pretence that he had any previous interest in it, because he had not.

Timmy Dooley (Clare, Fianna Fail)
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The Minister shows no consistency.

Alan Shatter (Dublin South, Fine Gael)
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This is a serious issue. I assure Deputy Boyd Barrett, with whom I frequently disagree, that this is an issue on which there is no disagreement between us. If this issue can be advanced in a manner that would bring some closure to it and that would ensure that identifiable individuals who can be properly prosecuted will be prosecuted, that would be a desirable outcome. The holding of a statutory inquiry will not achieve that outcome. It may achieve the outcome of an investigation of the investigation but it will not automatically lead to any prosecution by the DPP. This is an issue I raised with An Garda Síochána well before the petition was received by me. I wish to see what comes back to me. While I cannot give the Deputy a timeframe, I hope that within the next couple of months I will have an insight as to whether there is finally something additional the Garda can produce that is of relevance to the possibility of a prosecution.

I am advised that in the past there has been extensive engagement with the woman concerned and with her current lawyer and I am told there has been recent engagement. I am told the Garda Síochána understands all the allegations made and the history of this matter as it has been recounted to it. It is a case of what evidence exists and whether there is a basis for taking a prosecution. I would hope within the next two months to have a greater insight into that than I have now. With regard to Mr. Gageby's report, he is a very eminent senior counsel who frequently acts in the courts defending individuals on a broad range of charges. I do not know if he prosecutes on occasions as I am not that familiar with his legal practice but I know he regularly appears in the courts. He is an expert in criminal matters. I understand that in his review of the matter he concluded that there was not a basis for the holding of the type of inquiry being suggested. There was no further that this could go, based on the information currently available.

Let me see what additional information comes available. I ask Deputy Boyd Barrett to assume that for once we are on the same side on this issue, and that if I can take this forward in a way that is of benefit and of assistance to the woman concerned in bringing closure to her life on what is an alleged dreadful set of circumstances, I would be very pleased to be able to do so.