Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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5. To ask the Minister for Justice and Equality the action he has taken in relation to the Ms Sophie Toscan du Plantier case since the Supreme Court refused to extradite Mr. Ian Bailey to France to face questions. [19613/14]

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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In late 2012, the 44-page report by the Director of Public Prosecutions was provided to Ian Bailey's legal team. On the basis of the report and other matters, the Supreme Court adjudicated that he should not be extradited to France. We have since learned that tapes have emerged as part of a discovery order and these tapes are damning and very serious. They will form part of the Fennelly commission of investigation. I ask the Minister to state what action he has taken since early 2013 when the Supreme Court refused to extradite Ian Bailey.

Alan Shatter (Dublin South, Fine Gael)
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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.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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After the Supreme Court made its ruling, the Minister stated publicly that he would consult the Attorney General on the matter. On three subsequent occasions, the legal representatives of Mr. Ian Bailey corresponded with the Minister on the failure of An Garda Síochána to fully co-operate with the Garda Síochána Ombudsman Commission in respect of documentation. As the Minister is aware, a similar issue arose the following year when the Garda Síochána Ombudsman Commission expressed grave reservations in its public interest investigation into what became known as the Kieran Boylan affair. The Minister subsequently pulled together the Garda Commissioner and Garda Síochána Ombudsman Commission and introduced new protocols for co-operation. Why did he not take similar action in the Ian Bailey case when Mr. Bailey's legal representatives raised these matters with him the previous year? The Minister stated at that point that he would consult the Attorney General. When the Attorney General learned of the tapes in the Ian Bailey case in November 2013, why did she not immediately inform the Minister about them?

Alan Shatter (Dublin South, Fine Gael)
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I assure the Deputy that at all stages I dealt appropriately with matters relating to Mr. Bailey in the context of both information that was furnished prior to the hearing of the Supreme Court and where matters stood thereafter. I dealt with the matter as was appropriate and correct in the context of the legal position. I will not reprise matters now that will be fully dealt with in the commission of inquiry that is being conducted.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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I note that the Minister failed to answer both my questions, neither of which is immediately relevant to the Fennelly commission of investigation. According to media reports, the French authorities with an interest in the Bailey case have requested permission to visit Ireland again. I understand the Minister has received correspondence from Mr. Bailey's legal representatives which sets out three grounds on which he should refuse the request. They also ask that the Minister respond by outlining his position on the matter. Is it not outrageous that a damning critique is available which tears apart the Garda investigation and shows no evidence that Mr. Ian Bailey was connected to the tragic murder of Ms du Plantier? I refer to evidence from the Office of the Director of Public Prosecutions and a decision by our highest court, the Supreme Court. Despite this, the Department continues to defend a case and will not give an assurance that the request by the French authorities will be refused.

If this were permitted, it would show contemptible disrespect for our criminal justice system. Will the Minister state categorically that he will not permit the French authorities to come into this jurisdiction, considering all that has emerged about this case and is in the public domain?

Alan Shatter (Dublin South, Fine Gael)
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The Deputy is being disingenuous. I have already explained to him that within days of the document from the DPP - that apparently was created in 2001 - becoming known to me and becoming available, it was furnished to both Mr. Bailey’s lawyers and to the French authorities. The French authorities are aware of the content of that document. I explained to the Deputy in my initial response that the State has certain legal obligations with regard to matters that arise in the context of the form of investigation being conducted by the French authorities. I have explained to the Deputy that, in light of developments that have taken place and in the context of correspondence I have received, legal advice is being sought. I have to act as a Minister lawfully with accordance with legal advice that is furnished to me.

I am also conscious, as the Deputy is aware, that matters relating to the manner in which An Garda Síochána dealt with issues concerning Mr. Bailey are before GSOC, the Garda Síochána Ombudsman Commission. There are also civil proceedings, taken by Mr. Bailey, currently before the courts. Accordingly, I cannot say anything in this House that impacts or impinges on those proceedings. I assure the Deputy that I am conscious of all the issues he has raised. I have to act as Minister on legal advice that I obtain. I have sought legal advice and am awaiting receipt of it with regard to the correspondence most recently received and referenced by the Deputy.