James Browne (Wexford, Fianna Fail) | Oireachtas source

Again, I thank the Deputies for raising this matter. I am very aware of the claims that have been made over many years regarding Fr. Molloy's death but I must emphasise again that the Minister for Justice has no role in any investigation of any crime or the decision to prosecute any crime. These are strictly matters for An Garda Síochána and the DPP. The question of any further prosecution is a matter for the DPP, who has already issued a direction in that regard. It is important to recall that the investigation into the death of Fr. Molloy remains open and that anyone with any relevant information is encouraged to contact An Garda Síochána.

I must also emphasise the independence of the courts and the Judiciary in the exercise of their functions. Neither I nor the Minister for Justice can comment on the conduct or outcome of any court proceedings, no matter how long ago they occurred, or the claims made. These are strictly matters for the presiding judge.

I acknowledge that the Minister's position is not the outcome that the Deputies would want or that the family of Fr. Molloy have sought but it remains the only reasonable conclusion that can be reached following Mr. McGinn's careful analysis of the SCRT review. A further inquiry into Fr. Molloy's tragic death is not appropriate at this juncture as it is very unlikely that any further inquiry would have a reasonable prospect of establishing the truth, which must be the fundamental criterion in establishing any further inquiry. As the McGinn report concluded, the precise events surrounding Fr. Molloy's death cannot now be ascertained. It concluded that, given the passage of time, the death of many of the pertinent witnesses and the reluctance of others to give evidence, it is unlikely that any further inquiry would have a reasonable prospect of establishing the truth.

I would like to close by extending my sympathies and those of the Government and this House to Fr. Molloy's family on its terrible loss, the pain of which is still clearly felt by many of them so many years later.

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