Pat Rabbitte (Dublin South West, Labour)

The fact of the matter is that the Taoiseach and the Government do not now take responsibility collectively for the Minister for Justice, Equality and Law Reform. The statement which I just read clearly sought last night to give the impression, which is repeated in the newspapers today, that no further cases will arise. That is now being disowned by the Taoiseach.

The Taoiseach goes back into "muddying the waters" mode as between the role of the DPP and the role of the Minister for Justice, Equality and Law Reform. I have made clear the responsibility for the State pathology services is the responsibility of the Minister for Justice, Equality and Law Reform. The Taoiseach again today evaded the critical questions. I asked him whether any issues arise in respect of the evidence of Dr. Harbison or the reliability of that evidence in any case prior to the Laide case. He did not answer that question.

It is not something that he cannot know. Has any such case arisen? I am aware that one has. In the Kiely case, a situation arose where a person was convicted for murder and rape. In a retrial, that conviction was changed to manslaughter and rape. The presiding judge, Mr. Justice Barry White, stated that the fact that former State pathologist Professor John Harbison became ill and was not available to give evidence was perhaps to the defendant's benefit.

See this speech in context