Michael McDowell (Dublin South East, Progressive Democrats)

I would like to express my sympathies again to the families of Terence Wheelock and Brian Rossiter on the untimely deaths of their sons.

I will speak firstly about the death of Terence Wheelock, who had been detained in Store Street Garda station. I have been informed by the Garda authorities that an officer from outside the division was appointed to investigate the incident immediately after it occurred. When he visited the scene on the day of Mr. Wheelock's death, he arranged for a full technical examination to be conducted. I have received a preliminary report of the investigation and I have asked the Garda authorities to submit to me a full report on the outcome of their investigation when it has been completed. I will consider the report after it has been received. A completed investigation file will be submitted by the Garda authorities to the law officers for their consideration.

On 14 September last, I formally appointed Hugh Hartnett SC to hold a statutory inquiry into Brian Rossiter's death under section 12 of the Dublin Police Act 1924. As the Minister responsible to the Government and the House for the Garda Síochána, I drew up the specific terms of reference of the inquiry following a comprehensive evaluation of all the information at my disposal. The inquiry will examine all the circumstances surrounding the late Brian Rossiter's arrest, treatment and detention in Clonmel Garda station in September 2002. Mr. Hartnett will report on his findings to me. It is my intention to publish that report. It is relevant to mention that Mr. Hartnett is an eminent senior counsel with considerable experience in the area of criminal law. He is, for relevant and practical purposes, vested with the same inquisitorial tools as a member of a commission of investigation would be. He has the power to summon witnesses, whether members of the Garda Síochána or otherwise; the power to take evidence on oath; and the power to make findings and reach conclusions. In such circumstances, I do not intend to propose to the Government that a separate statutory inquiry be established under the Commissions of Investigation Act 2004. Such a proposal would, at the very least, compromise the ongoing independent statutory process, which should be capable of the thorough and speedy investigation of the relevant facts in the Brian Rossiter case.

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