Ivor Callely (Dublin North Central, Fianna Fail)

I thank Deputy Gregory for raising this issue and convey the regrets of the Minister for Justice, Equality and Law Reform who is unable to be here for this debate because he is abroad on public business.

The murders of Sylvia Shiels and Mary Callinan on the nights of 6 and 7 March 1997 as they lay asleep in their beds were particularly brutal and merciless and provoked universal revulsion. I was aware of the murders because I was involved in the then Eastern Health Board and expressed my revulsion at the time in that forum.

The Garda Síochána today issued a public apology to the family of the late Dean Lyons, exonerating him of any wrongdoing in connection with the horrific murders of Sylvia Shiels and Mary Callinan. The Minister and I can only hope that this sincere apology will assist to bring closure on the matter to the Lyons family. I am happy to note from what I hear in the media that the Lyons family is satisfied with the Garda apology.

The Minister for Justice, Equality and Law Reform has outlined the facts of the case to Deputy Gregory on a number of occasions. However, once again, the relevant facts as notified to me by the Garda authorities are as follows. Ms Sylvia Shiels and Ms Mary Callinan were brutally murdered at Grangegorman in March 1997. In July of the same year, the late Mr. Dean Lyons made a full confession to investigating Garda officers of his alleged guilt in the double murder. This confession was recorded on audio-visual tape. Later the same day, he made a further detailed admission of his alleged involvement in the murders. This second interview was not audio-visually recorded at Mr. Lyons's request.

Following consultation between the Garda and the Office of the Director of Public Prosecutions, the person in question was charged with one of the murders at Grangegorman. In August 1997, another person, who had been arrested and detained during the investigation of another double murder in County Roscommon, made a confession in regard to the Grangegorman murders. That person later retracted the admissions. As a result of the admissions made by the second person, the Garda Commissioner appointed an assistant commissioner to review all available evidence in regard to these murders. The Garda authorities have stated that the investigation indicated that Mr. Lyons did not commit the murders in question. It also concluded that the manner in which Mr. Lyons had been interviewed in regard to the case was in compliance with the Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997 which came into effect on 1 March 1997.

Following completion of this inquiry, a report was submitted by the Assistant Commissioner to the Director of Public Prosecutions. In April 1998, after consideration of the report, the DPP decided that criminal proceedings against Mr. Lyons be discontinued. In July 1999, Mr. Lyons presented a signed and witnessed statement denying any involvement in the Grangegorman murders. Having considered the file submitted to him by the Garda Síochána in regard to the second individual who had confessed to the murders, the DPP decided that no prosecution should take place.

When the DPP decides not to prosecute in a particular case, the reasons for the decision are given to the State solicitor and the investigating gardaí. The director has stated that it is policy not to disclose this information otherwise. The policy has been upheld by the Supreme Court. As the House is aware, the function in regard to the prosecution of alleged offences is the responsibility of the DPP who is independent in the exercise of his functions. It would, therefore, not be appropriate for the Minister or me to intervene or comment on his decisions.

As the Deputy is aware, solicitors representing the sister of one of the murder victims, Ms Sylvia Shiels, has asked the Minister for Justice, Equality and Law Reform that there be a fully independent public inquiry into the circumstances surrounding Ms Shiels's death and grounds this request on the protections afforded by the European Convention on Human Rights. The Minister has previously outlined to this House that, following consultation with the Garda Síochána and the Attorney General, he is not satisfied of the potential effectiveness of a full public tribunal of inquiry. However, in view of the matters raised by the solicitors involved and to assist the Minister in his consideration of the request, he has asked the solicitors to outline in further detail the reasons they consider a public inquiry to be necessary. A full response has not yet been received by him. I invite Deputy Gregory to make a similar submission to the Minister if he so wishes.

The criminal investigation into these two brutal murders is ongoing and the release of any report on the conduct of the investigation into the public domain would be inappropriate at this stage. I hope this is somewhat helpful to Deputy Gregory, particularly in light of the fresh information I have given to the House this afternoon.

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