Pat Rabbitte (Dublin South West, Labour)

The Taoiseach said the Minister is satisfied that this method of inquiry is adequate. The Minister was similarly satisfied about this method of inquiry in the Dean Lyons case and he needed to change his view. No other body I have discussed this matter with is satisfied and the Taoiseach does not appear to understand that there are only specific questions, which are listed in the correspondence from the Department of Justice, Equality and Law Reform which, incidentally, came from Garda headquarters. Only specific questions can be raised against specific gardaí.

Why are there only seven gardaí, why these particular seven, why exclude gardaí involved on the night and who was it that made these complaints in the first place? The unfortunate Rossiter family does not even know enough to make a complaint against any garda and has not done so. This Act expressly requires that one must be able to lodge such a complaint or there cannot be an inquiry but the Minister has ploughed ahead when his Commissions of Investigation Act 2004 would seem to be tailor-made for this situation.

We are talking about a 14 year old boy who died as a result of detention in a Garda station. We are talking about a situation where the State pathologist relied on information from the Garda to the effect he was drugged and intoxicated when subsequent toxicology tests showed he had neither drugs nor alcohol in his blood. This is a matter of grave public concern.

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