Bertie Ahern (Dublin Central, Fianna Fail)

——which was quite in order.

In his third question, Deputy Rabbitte asked me to put on record when the Minister knew the position with regard to Professor Harbison. The Minister clarified that point last night. I will restate the position. He said that in January 2003 gardaí had suggested to a senior official in the Department of Justice, Equality and Law Reform that Professor Harbison should not take on new cases, given that he was getting on and that the murder cases were generally taking a considerable time to reach trial. Professor Harbison was then aged approximately 68. He subsequently retired and performed no new autopsies after that time. Until recently, he dealt with his work giving evidence in pre-2003 cases. That is the answer to the Deputy's question. There is no confusion regarding any of those issues.

To answer the question that the Deputy was asking yesterday and today, it has nothing to do with briefing. He asks whether I can give him an assurance that there is no case, either under way or that ultimately might go to the Court of Appeal, the judgment of which evidence from Professor Harbison or some other fact could alter. I cannot do so, since it would be totally improper. It will be decided case by case on the day. The very point that Deputy Rabbitte makes is that for the integrity of the criminal justice system and the Office of the Director of Public Prosecutions, the only person who can make that judgment is the DPP.

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