Pat Rabbitte (Dublin South West, Labour)

I did not expect details from the Taoiseach but it is immensely disquieting that he is unable to offer any reassurances on a matter of such major importance to the criminal prosecution system. The Taoiseach manifestly dodged the questions and he should not try to pretend to the House that he would not be given a detailed note from the Department of Justice, Equality and Law Reform to deal with a question as serious as this, which anybody could have anticipated. Given the Taoiseach comes here with detailed briefs on matters far less important than this, I am very disturbed. There is no point in the Taoiseach rambling on about Ministers having no role in investigations or prosecutions. We all know the rules about the separation of offices. The issue arising from the unfortunate Annabel's case pertains not only to that case but also to the capacity of the then State pathologist to conduct post mortems around and about that time and to give evidence in those trials. I cannot accept this is not regarded as a matter of the gravest urgency by the Government, the Attorney General's office and the Department of Justice, Equality and Law Reform or that the Taoiseach would not have been briefed. Can we expect more cases in which convictions are opened to challenge as a result of what has happened?

I have a statement which was attributed to Dr. Harbison upon his retirement or, at least, consequent to the announcement made by the Department of his retirement after almost 30 years of faithful service. He was a distinguished public servant and gave great service to the State. In March 2003, the public press attributed to him the following statement: "The Government decided from January 1st I was not to examine any more new bodies but I am still working and I am still the State pathologist".

The facts now give rise to profound questions about the integrity of our criminal prosecution system and the duty of the Government to maintain that integrity. I want to know when the Minister for Justice, Equality and Law Reform knew about the infirmity I referred to and when he put the DPP in possession of all that he knew. Does he have any idea how many post mortems or trials may have to be reviewed as a result of this case? Was he told at the time that the past as well as future competence of the former State pathologist may be opened to question? These are profound questions and I expected the Taoiseach to have a detailed note to reassure public opinion on an issue as grave as this.

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