Tom Kitt (Dublin South, Fianna Fail)

As I indicated in my reply, the Attorney General has fully explored the case and there are no provisions in Irish law which would provide a basis for Ireland to pursue a prosecution against the alleged perpetrator. He also indicated, as I said, that, while it is untested and potentially difficult, it might be possible for Ireland to pursue a prosecution under provisions of the Geneva Convention. While this appears an outside possibility, the Minister for Defence has asked the DPP, who would be responsible for pursuing any prosecution, to review the matter. Certainly, we share the Deputy's concern on this matter but have to await the DPP's legal opinion. The issues of factual evidence and jurisdiction arise. I will convey the Deputy's views to the Minister and we will do all we can but there are legal complexities. We appreciate the trauma involved for the families.

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