Bertie Ahern (Dublin Central, Fianna Fail)

My officials have already suggested an eminent legal person and terms of reference to the families and their representatives. We seek agreement on both. The person we suggested has carried out a number of inquiries for the State but the families will not accept that person. My officials have had the terms of reference ready for some considerable time but will not publish them until discussion with Mr. Greg O'Neill, the individual we have been dealing with for the past few years. A senior official told me he hopes to conclude this shortly. There is no blame on either side but it is a matter of seeking agreement.

While the submission was given to me in July, legal representatives were not available until after the summer break. The submission has received careful consideration. It raised several matters regarding the original inquiry and the significance of scientific evidence that has been reviewed. The examination concerns specialised professional judgments on forensic and engineering issues. A forensic scientist attended the examination. This is not a policy matter; it is a matter of specialised professional judgment. For better or for worse, a full tribunal was held on this matter at the time. I am not in a position to judge but the expert opinion is that there is nothing new in what was presented by the families. There is a different interpretation of events and specialists are examining it.

The independent inquiry would, in the first instance, consider the evidence presented by the families and their legal representatives to see if they are correct in their judgments. If they are, perhaps a full inquiry would be required. If they are wrong, the original report would stand. The person who examines the papers would have to be a legal person, either a senior counsel or a retired judge.

The person I recommended is an eminent senior counsel who has done a considerable amount of other examinations and investigations and has much knowledge of the area and the circumstances. I continue to regard that person as suitable but if that is not the case we will await another consideration and see what comes forward in that examination.

If the individual who examines these issues wants to look further I have no problem with that. I am advised that in the first place it should be an examination of the case put forward by the families and their legal representatives on the issues they have raised, as against what was considered at the time in the full inquiry. If there is another issue to examine I will not rule it out because I do not want anybody to say I ruled everything out. I am trying to be as open as possible and to find terms of reference that can allow that to happen. Then we can make real progress in this matter. I appreciate the fact that the House is endeavouring to convince the people involved that this marks considerable progress on what has happened over 26 years and that it could be concluded calmly. I understand the hurt involved but if we could deal with it calmly we could tie this down quickly and leave it to take its course.

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