Michael McDowell (Dublin South East, Progressive Democrats)

This is litigation involving the DPP and I do not want to comment on it. I understand it has been adjourned on a number of occasions and that it will be dealt with. It is not in the blue yonder, it will be dealt with in the relatively near future.

As regards the keeping of records, the Garda Commissioner has assured me that the recommendations of the Nally group have been acted upon. I would not like anybody to think it has fallen on deaf ears.

In the context of dealing with informers, I want to say one thing that I think is of some significance. It was suggested by Deputy Ferris that somehow the use of informers is wrong in principle, but his view is wholly wrong in itself. The biggest damage that has been done to the organisation that perpetrated the Omagh bombing was a major criminal trial in which an informer — an American man — penetrated it and informed on it. When one is dealing with cruel and vicious people who will go to any lengths to kill others, it is proper, subject to proper safeguards, for that kind of evidence to be used. If one was to exclude all inside information, both for intelligence purposes and ultimately, on occasion, for trials, the alternative would be to say simply that the rule of law was completely helpless in the face of highly disciplined conspiracies, such as those with which we are dealing.

Deputy Costello asked whether a sub-committee of the Joint Committee on Justice, Equality, Defence and Women's Rights, of which he is a member, should offer a forum. I have no principled objection to that but it is a matter for the committee. I see that the chairman of that committee is Acting Chairman here today. The practicality of doing that should be discussed by the members of that committee, which is hugely overburdened. I recognise, however, what Deputy Costello and a number of other Deputies have said. They do not want to act in an off-hand manner towards people who have been subjected to these terrible things. I will play any constructive part I can in addressing the sense of grievance, hurt and unresolved wondering as to precisely how all this took place.

Members mentioned the inadequacies or otherwise of the investigation, as found by Ms Nuala O'Loan. However, while that may be the case and mistakes may have been made, let us not forget that the primary moral liability lies with those who constructed and placed that bomb, who were absolutely reckless as to the outcome of their actions and who have 31 murder victims on their hands. That is where the responsibility lies.

I reiterate that these people are trying to carry out similar operations. They have been foiled on a number of occasions and the Garda Síochána has done a fantastic job, as has the PSNI, in stopping the carrying out of such operations. A massive car bomb was found entering Derry which had been assembled in County Donegal by the same organisation with which we are dealing in this case. Our primary concern must be to face down these people and defeat them, rather than to give them succour by saying that, somehow, there is fault on the part of the State, which is engaged in a life and death struggle with them. It is wrong that such matters should come back to haunt the State rather than the people who are doing this at present, and who must be confronted and prevented.

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