Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I thank the Deputy for raising the matter. This is a matter with which I have an intimate knowledge because for a period of time I represented de bonoCynthia Owen in my law firm and tried to be of assistance to her. I am aware of background information and I do not know whether the Deputy is aware of everything of which I am aware. This is a case which greatly troubled me during the period of time I sought to be of assistance to her. I emphasise I sought to be of assistance to her de bonoand there was no question of being paid anything in case the Deputy wants to make some allegation about this. This was an issue I took, and still take, with great seriousness.

I fully understand the detailed concerns that have been raised about the infant who died in such terrible circumstances and I am, of course, deeply conscious of the ongoing profound trauma and distress of the mother of the child concerned. The House will be aware that concerns raised by myself and many others regarding this case led to the appointment in 2007 of an independent senior counsel, Mr. Patrick Gageby, by the then Minister, to conduct a thorough examination of the matters relating to this tragic death. It is regrettable the Deputy would use this House to defame Mr. Gageby and he should withdraw the comments he made.

The Deputy should withdraw the comments he made. Mr. Gageby is a well-respected senior counsel who was appointed by my predecessor to examine this matter. It was a time when I was raising this issue from the Opposition benches as well as publicly.

Mr. Gageby's terms of reference provided for a comprehensive review of all of the relevant information concerning the death of the child in question, as well as the complaints made regarding the Garda investigations into the incident. Mr. Gageby reported in September 2007 and, having considered the report's recommendations, the then Minister accepted its findings. In keeping with those findings, he decided against establishing a further inquiry. I am aware that a summary of Mr. Gageby's views was furnished to the individual's then solicitors and, ultimately, they were given access to the full report. The request was made by my predecessor that the report be published and I understand the person concerned and her lawyer were not agreeable to the publication of Mr. Gageby's report. I am not privy to the reason this was so, but simply am telling this to the Deputy because I would prefer there to be transparency to the extent of its being published.

Insofar as the question of a criminal investigation into the case is concerned, it is important to note that in addition to the original Garda investigation, a number of further Garda investigations have been carried out over the years in response to statements made to the Garda by the mother of the infant. On foot of these investigations, files were submitted to the Director of Public Prosecutions, DPP, who on each occasion directed that no prosecution take place. A further investigation file also was submitted to the DPP in the context of matters which came to light following the coroner's inquest in 2007 and again, no direction to prosecute was received. Insofar as the question of any further criminal investigations into these distressing events is concerned, Members will appreciate that I have no function with regard to the initiation, management or direction of criminal investigations, which are a matter for the Garda authorities, nor in respect of the prosecution of offences, which is a matter for the DPP. It of course remains at all times a matter for the Garda authorities to consider the question of any further criminal investigation.

I can also inform the House that I received a petition with a significant number of signatures on behalf of the mother of the child concerned on 4 April calling for an independent inquiry. Further correspondence also was received from her legal representatives raising complex issues of concern. On foot of this, I sought a full report from the Garda authorities on the issues raised and on the contact which I understand is taking place between local Garda management and the person's legal representatives, which contact preceded the petition received on 4 April. In this regard, I am advised that senior local Garda management has met with the legal representative of the person in question to assess the issues of concern which have been raised and with a view to attempting to resolve these concerns. I am advised that the most recent meeting took place on 31 March 2014. I understand that some further inquiries have been conducted and the matter is presently ongoing. As soon as I receive and consider the report I have sought, I will be in a position to communicate further with the person in question, including with respect to her call for a further inquiry into these matters.

I assure the Deputy that I take this matter with the greatest of seriousness and indeed took it so seriously that at an early stage following my appointment, I made inquiries within my Department with regard to it. The Deputy does not need to convince me of the tragic background. I emphasise to the Deputy that a range of allegations has been made, and I will not prejudge the truth of those allegations, but the background circumstances as described by the individual in question are troubling and tragic. However, in the context of where matters stand so far, it certainly has been the view of the DPP that there is not sufficient evidence to warrant the taking of a prosecution in the matter. Should something now emerge as a result of the further inquiries that are being conducted, I will treat it with great care and seriousness.

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