Pat Carey (Dublin North West, Fianna Fail)

I thank the Ceann Comhairle for the opportunity to raise this important matter and the Minister for being here. I look forward to hearing his contribution on this important matter, as Deputy Rabbitte said. I put on record my acknowledgement of the great service Dr. Harbison rendered to this State in his position as Chief State Pathologist for almost 30 years. I also extend my sympathy to the family and friends of Brian Murphy who died in such tragic and violent circumstances.

By raising this matter, it is not my intention to intrude into the private life of Dr. Harbison or to cause any upset to him or his family. This State owes the doctor a debt of gratitude and respect for his many years of dedicated and professional service. His profession is indeed a grim one dealing as it does with the death of a human being often as a result of violence. Nevertheless, it is a vital service which not only requires a great depth of professional skill and knowledge but also to be carried out in a dignified and sensitive manner. Our State pathology service is a vital cog in the wheel of our criminal justice system and, therefore, it is important it operates in a professional manner.

This morning I listened to the Taoiseach on Leaders' Questions outline the facts surrounding the retirement of Dr. Harbison. The reasonable concerns expressed by the Garda Síochána in 2003 in regard to Dr. Harbison performing further autopsies was understandable taking into account his age at that time and that some murder investigations can take a long time before going to trial. I commend the Minister and his officials for the prudent and immediate steps they took in retiring Dr. Harbison from undertaking further autopsies as a result of these concerns.

All Deputies will be aware that Ministers have no role in the investigation or prosecution of cases. It is the role of the Garda to investigate alleged offences, to gather whatever evidence may be available and to submit a report to the Director of Public Prosecutions. As the Taoiseach stated in this House, the question of whether a person should be prosecuted and for what criminal offence is the responsibility of the DPP. Nor is it right to expect that the Taoiseach or the Minister should know if there are other cases that could be affected in which Dr. Harbison was involved. This is a matter entirely for the DPP.

My motivation for raising this matter on the Adjournment is the lessons, if any, we can learn from what has happened and if there is anything else we, as public representatives and legislators, can do to ensure inasmuch as is possible this does not happen again. It would be a good idea if the Minister or the Attorney General, on his behalf, contacted the Director of Public Prosecutions to explore whether there are legislative provisions which should, or could, be made to deal with a situation such as this one. I accept the procedures in place to conduct a criminal prosecution are there for a good reason but I also believe it would be remiss of us not to look at these procedures again in the light of the reason for the DPPs decision in the Laide case.

Has the Minister or his officials looked at the state pathology services in other jurisdictions and at how they operate? I understand that in Scotland, for example, it is general practice for two state pathologists to carry out an autopsy. This means that if one of the pathologists is unable to attend before the court, for whatever reason, for cross-examination, the other pathologist can take his or her place. Surely it would be a good idea for us to consider introducing the same practice.

The criminal justice system has served this country well over the years. It is important the public keeps faith in our justice system. I urge the Government to carefully examine what lessons can be learned from the DPP's decision not to go ahead with the prosecution of Mr. Laide due to the ill-health of Dr. Harbison. I ask the Minister and his officials to examine the state pathology services in other common law countries to see if there are lessons we can learn. I ask the Minister to ensure procedures are put in place by the State pathology service to ensure, in as far as is possible, this does not happen again.

My motivation in raising this important matter is to ensure we have the best possible State pathology service available to our criminal justice system. As a member of the Fianna Fáil Party, I am proud of the massive additional resources, both financial and legislative, this Government has made available across the criminal justice system since 1997. I look forward to hearing the Minister's contribution, particularly any ideas he has in regard to dealing with the issues raised by the DPPs decision of this week.

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