Bertie Ahern (Dublin Central, Fianna Fail)

The Minister is very anxious that the truth comes out. As I understand it, he is very satisfied that the inquiry, as constituted, will allow Mr. Hartnett the powers to summon witnesses and examine them under oath and all aspects of the arrest and detention of Brian Rossiter. He may require that any serving or retired member of the Garda be called to answer questions under oath, which is not a question of prosecutions. He may require persons other than gardaí to give evidence and is empowered to make findings and reach conclusions. It is the Minister's intention to publish the report. Whatever about the arguments regarding whether the 1924 Act or the recent inquiries Act should be used, it is the Minister's intention to do all of the above.

An argument that could also be relevant to the other case is that this is in keeping with the principles employed by the Commissions of Investigation Act 2004. There have been some complaints that the inquiry will be held in private. Mr. Hartnett has indicated to the Minister he intends to hold his inquiry in private but this is in keeping with the principles employed by the Commissions of Investigation Act 2004 also. The object of this general principle is to make the proceedings less adversarial. The Minister has indicated he intends to publish the report of the Rossiter inquiry.

Deputy Rabbitte has raised this issue a number of times over the years and I accept his bona fides when he says that he wants the case investigated. An investigation into the matter is being undertaken by an eminent senior counsel which allows all of the issues that have been raised to be investigated. This is important. No one can refuse to contribute or be investigated by the inquiry, be they gardaí, former gardaí or other individuals, and the conclusions will be made public. The Minister's intention is to ensure this matter is dealt with fully to the satisfaction of the family.

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