Bertie Ahern (Dublin Central, Fianna Fail)

I sympathise with the parents and family of the late Derek O'Toole on his untimely and tragic death. I completely agree with Deputy Higgins's point that it is regrettable that initial reports from an unnamed source attempted to put Derek's character at issue. A full Garda investigation, headed by a superintendent, is under way. When it is completed, a file will be forwarded to the Director of Public Prosecutions who is an independent officer. It will be he who will make a decision on any further action required. It is important, both for the relatives of the victim and the persons in the car involved, that the investigation is allowed to take its course. It does no one any service to jump to conclusions in respect of matters of this nature.

I am advised that, as part of the Garda investigation, the scene of the collision has been examined and that the car involved has been technically and forensically examined. The driver of the car was an off-duty garda. He underwent a breath test which showed him to be below the legal limit. I am also advised that, following a post mortem, there is no evidence to suggest Derek had been assaulted or that another vehicle was involved. We hope the investigation will bring clarity for everyone involved.

I welcome the appointment by the Garda Síochána of a nominated officer to act as liaison between the force and the family. More than anything else, however, I sympathise with the parents and family of Derek O'Toole on his death. I condemn any attempt to place his character at issue in any way.

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