Paul Kehoe (Wexford, Fine Gael) | Oireachtas source

I thank the Deputies for raising this matter. I am speaking on behalf of the Minister for Justice and Equality who is unable to be present as a result of business in which he is involved elsewhere in the Houses.

The Minister is fully aware of the concerns that have been expressed concerning the death of Fr. Niall Molloy and he sympathises greatly with the Molloy family. I am sure Deputies will join me in expressing sympathy to other families whose loved ones were also killed and where the perpetrators have not been brought to justice. The Minister has previously set out for this House the background to the Fr. Molloy case and the most recent developments with regard to the Garda examination of the issues raised by Fr. Molloy's family and others, particularly Ms Gemma O'Doherty who writes for the Irish Independent.

On foot of the concerns raised, the Garda Commissioner arranged for a detective superintendent to meet Ms O'Doherty, as well as members of the Molloy family. The purpose of this was to facilitate an assessment of whether there is any evidence which was not available to the original investigation team and if further investigation is required in this case. Shortly after his appointment, the Minister inquired into the steps being taken by An Garda Síochána and was advised of the position. He has at all times emphasised the importance of all relevant matters being thoroughly examined and investigated. The position is that this examination remains ongoing. The Garda authorities have indicated that during the course of the examination additional information has been provided to the investigating officers and that this identifies further lines of inquiry which have had to be followed up. The Garda Commissioner has assured the Minister that each and every one of these lines of inquiry is being or will be pursued. The Minister also understands that the officers carrying out the examination are continuing to keep Fr. Molloy's family members updated on progress.

The Minister is well aware of the many issues of concern which have been raised in the public domain in respect of the circumstances surrounding Fr. Molloy's death and the context in which some form of inquiry has been considered desirable. However, what needs to be considered, first and foremost, at present is that the matters at the heart of the Garda examination relate to potential criminal liability and, in that context, possible charges. The best form of justice for the Fr. Molloy's family would be for anyone who has any criminal liability in respect of his tragic death to be brought to account through facing charges. In the Minister's view, it would be deeply inappropriate to do anything which could prejudice the possibility of that happening. It is also of crucial importance that the Garda receive the fullest co-operation from any individual who can provide any information of relevance to the inquires being conducted.

In any case where criminal behaviour is suspected, it is only through a Garda investigation, and where evidence of criminal wrongdoing is available - through the submission of a file by the Garda to the Director of Public Prosecutions - that persons can be brought fully to account before the courts. A commission or judicial investigation or journalistic inquiries cannot do this nor can any other type of review, no matter how thorough or independent. Whatever questions there may be about the original investigation, people should not prejudge the outcome of the current Garda examination. In the Minister's opinion, that examination must be allowed to proceed unhindered and he has been assured by the Garda Commissioner that all relevant evidence, wherever it may lead, will be fully pursued. The House will appreciate that, ultimately, a criminal prosecution has to be based on hard evidence, not rumour, speculation or conjecture. The Garda examination has not been completed and, accordingly, any media or other reports of its findings are, of their nature, speculative.

In making these points, I wish to make clear that the Minister's commitment to reviewing the situation when he receives a final report from the Garda Commissioner remains firmly in place. Against that background, I hope the House can accept that we all share the desire to see justice done to the greatest extent possible in this case. The Minister has tried to set out why, in the first instance, the best chance to achieve this lies with allowing the current Garda examination to proceed.

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