Brian Lenihan Jnr (Dublin West, Fianna Fail)

I am replying on behalf of my colleague, the Minister for Justice, Equality and Law Reform, Deputy McDowell. I thank Deputy Costello for raising the matter and for giving the Minister the opportunity to clarify the position on this issue.

The Minister is fully aware of the demanding and complex work carried out by the State pathologists and pays a special tribute to their professionalism and dedication. Much of our attention is drawn to high profile murder cases but pathologists are also involved on a daily basis in sensitive situations which are of great significance for next of kin but which rarely come into focus. They also fulfil an advisory and educational role which is of considerable value to key parties in the criminal justice and medical areas.

The Minister is well aware that the role of forensic pathology in criminal investigations has become more significant but also more onerous over time as the medical, procedural and legal issues arising have developed. It is precisely against this background that the position of deputy State pathologist was established and, as the Deputy is aware, the current State pathologist was the first holder of that post.

The Deputy may not, however, be aware that it had never been the practice to provide Garda transport to the State pathologist on a full-time basis. As a wholly exceptional measure during the recent period when the State pathologist did not have a deputy to assist her, Garda transport was made available in recognition of the additional demands placed on her as a result of the deputy vacancy.

Other arrangements were also put in place to assist her at that time, in particular the provision of relief cover whereby two pathologists were retained on a fee per case basis. These pathologists, who were based in the south and midlands of the country, were able to reduce the burden on the main office-holder, especially in cases outside the Dublin area. The Minister understands that this facility is still available today should it be of assistance in managing the overall caseload or in minimising the impact of travelling. The Minister is pleased to say that a new deputy pathologist was appointed last November and, as such, the workload and travel can once again be shared.

It is against this background, the Minister understands, that the Garda authorities reviewed the need to provide an on-demand Garda transport facility. This appears to him not to be a question of cutbacks, as has been widely reported, but rather a return to the long-standing position in recognition of the fact that the circumstances which gave rise to the need for special transport arrangements no longer apply. The House will be aware that the Garda is better resourced in terms of financial and personnel resources than ever before. In so far as the separate financial provision for the State pathology service is concerned, this has been increased by 5% in 2005 over 2004.

The Minister further understands that the Garda authorities have indicated a willingness to assist the pathologists in cases of special need and have no reason to believe that this will not meet future requirements. The Garda authorities are well placed to assess when a potential investigation would justify making such special arrangements. The Minister intends to keep this matter, as well as all aspects of the State pathology service, under ongoing review.

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