Dáil debates

Wednesday, 27 May 2015

Topical Issue Debate

Miscarriages of Justice

2:05 pm

Photo of Lucinda CreightonLucinda Creighton (Dublin South East, Independent) | Oireachtas source

I thank the Minister of State for coming to the House and providing remarks on behalf of the Minister for Justice and Equality. However, it is frustrating that I cannot get any satisfaction on the points I raised because the Minister is not here to speak. I assume she has intimate knowledge of this, which I do not expect the Minister of State, in fairness, to have.

There is one fundamental and reasonable question to which the families concerned and the public at large have a right to have an answer. Why was it deemed appropriate to publish the report into the Fr. Niall Molloy case but not appropriate to publish the report into the case of Mr. Harry Gleeson? They are very similar cases both of which I have followed closely. One report is deemed to be privileged legal advice between Mr. Murphy, and the Attorney General and the Minister for Justice and Equality, but the other is deemed not to be. That is incongruous and there is no explanation for it other than for one logically to conclude that it is desirable on the part of the Minister for Justice and Equality and the Department to suppress one report and to publish the other, which is of deep concern.

I would like an explanation from the Minister for Justice and Equality as to the reason for the differentiation between the two reports. To my mind, it is illogical. I do not expect that the Minister of State, Deputy Dara Murphy, will be able to answer my question. The Minister should be here to respond to that very important point.

I do not think it is true to say that the only possible solace that could be provided by the Minister for Justice or the Government is a pardon. I believe certification and acknowledgement that this was a miscarriage of justice would be appropriate, in addition to the pardon. The reality is that an innocent man lost his life at the hands of the State because of a miscarriage of justice and it should be acknowledged as such. I realise that this happened in 1941, which is a number of decades ago, but many people suffered, not least the individual at the heart of this matter, Mr. Harry Gleeson. The State should acknowledge that this was a miscarriage of justice. I believe that the public has a right to see the contents of Mr. Murphy's report. It may well be the case that an independent inquiry is required to fully establish the facts behind this case. It is difficult for Members of this House or, indeed, members of the public to make that adjudication. We are simply expected to take the word of the Minister or the Government rather than being able to judge for ourselves.

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