Tony Gregory (Dublin Central, Independent)
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I have raised on several occasions in this House the murders of Sylvia Shiels and Mary Callinan in Grangegorman in March 1997. The murders shocked the country and caused great anxiety and concern in the area of Dublin where they occurred. They were probably the most horrific and brutal murders of recent times.

It would be difficult to imagine two more vulnerable victims than these two unfortunate women living in sheltered health board accommodation in Grangegorman. If for no other reason than the extreme callousness of the murder of these two innocent people, this case should be brought to finality, the person or persons responsible prosecuted and justice seen to be done.

For that reason and because I am one of the local Deputies for the area I feel I must support the plea made on RTE's "Morning Ireland" programme this morning when Stella Nolan, the sister of Sylvia Shiels, one of the victims, requested a full explanation and-or an independent inquiry into the Garda handling of this case. There have been at least two major issues involved, one being the miscarriage of justice involving the late Dean Lyons, the person first charged with the murders. The Garda Síochána today issued a full apology and cleared his name, and his parents have accepted that apology. For them this has brought finality to the tragedy. Out of respect for their feelings, I will say nothing further about that aspect of the case.

The sister of one of the victims is at the very least entitled to a comprehensive explanation as to why no one was subsequently charged with the two murders. Stella Nolan pointed out that investigative journalists have written a great deal about this case but the Garda told her that information is not correct. That seems to be all the Garda Síochána will say.

Jim Cusack, in an article in The Irish Times in September 2000, quoted in great detail apparently from a statement made by Mark Nash, the second person to admit to the murders. Nash described in precise detail the knife used and the pattern on the sole of his boots, a footprint of which the gardaí are said to have from the crime scene. Jim Cusack went on to quote Nash giving further details of the crime scene which apparently were known only to the investigating gardaí and the killer.

Why was Nash not charged with the crime at that point? He later withdrew his confession. The very least that can be said is that the Garda made an appalling mess of the investigation of this terrible crime. I am aware of the internal Garda inquiry into the case but regrettably this has not been made public.

We do not know the extent of the Garda mismanagement of the case or whether procedures have been put in place to prevent the same thing happening again. Stella Nolan states that the Garda have told her only that their investigation is ongoing. Is it any wonder that she describes it as an ongoing investigation going nowhere? The buck stops with the Minister for Justice, Equality and Law Reform, Deputy McDowell. If charges cannot be brought against the main suspect, surely the reasons for this should be fully outlined to the immediate relatives of the victims. Not doing so gives the impression that the Garda has something to hide and adds to the distress and sense of loss of the relatives.

In the absence of a comprehensive explanation, Stella Nolan is fully justified in seeking an independent inquiry. The Minister must take steps to redress this problem. This case should not be left ongoing or swept under the carpet. I pay tribute to Stella Nolan, who, like the sisters of Robert McCartney, demands that justice be seen to be done. In both circumstances the families deserve to see justice done. This is a matter of significant public concern to warrant an inquiry under the Commissions of Investigation Act 2004.

Ivor Callely (Dublin North Central, Fianna Fail)
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I thank Deputy Gregory for raising this issue and convey the regrets of the Minister for Justice, Equality and Law Reform who is unable to be here for this debate because he is abroad on public business.

The murders of Sylvia Shiels and Mary Callinan on the nights of 6 and 7 March 1997 as they lay asleep in their beds were particularly brutal and merciless and provoked universal revulsion. I was aware of the murders because I was involved in the then Eastern Health Board and expressed my revulsion at the time in that forum.

The Garda Síochána today issued a public apology to the family of the late Dean Lyons, exonerating him of any wrongdoing in connection with the horrific murders of Sylvia Shiels and Mary Callinan. The Minister and I can only hope that this sincere apology will assist to bring closure on the matter to the Lyons family. I am happy to note from what I hear in the media that the Lyons family is satisfied with the Garda apology.

The Minister for Justice, Equality and Law Reform has outlined the facts of the case to Deputy Gregory on a number of occasions. However, once again, the relevant facts as notified to me by the Garda authorities are as follows. Ms Sylvia Shiels and Ms Mary Callinan were brutally murdered at Grangegorman in March 1997. In July of the same year, the late Mr. Dean Lyons made a full confession to investigating Garda officers of his alleged guilt in the double murder. This confession was recorded on audio-visual tape. Later the same day, he made a further detailed admission of his alleged involvement in the murders. This second interview was not audio-visually recorded at Mr. Lyons's request.

Following consultation between the Garda and the Office of the Director of Public Prosecutions, the person in question was charged with one of the murders at Grangegorman. In August 1997, another person, who had been arrested and detained during the investigation of another double murder in County Roscommon, made a confession in regard to the Grangegorman murders. That person later retracted the admissions. As a result of the admissions made by the second person, the Garda Commissioner appointed an assistant commissioner to review all available evidence in regard to these murders. The Garda authorities have stated that the investigation indicated that Mr. Lyons did not commit the murders in question. It also concluded that the manner in which Mr. Lyons had been interviewed in regard to the case was in compliance with the Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997 which came into effect on 1 March 1997.

Following completion of this inquiry, a report was submitted by the Assistant Commissioner to the Director of Public Prosecutions. In April 1998, after consideration of the report, the DPP decided that criminal proceedings against Mr. Lyons be discontinued. In July 1999, Mr. Lyons presented a signed and witnessed statement denying any involvement in the Grangegorman murders. Having considered the file submitted to him by the Garda Síochána in regard to the second individual who had confessed to the murders, the DPP decided that no prosecution should take place.

When the DPP decides not to prosecute in a particular case, the reasons for the decision are given to the State solicitor and the investigating gardaí. The director has stated that it is policy not to disclose this information otherwise. The policy has been upheld by the Supreme Court. As the House is aware, the function in regard to the prosecution of alleged offences is the responsibility of the DPP who is independent in the exercise of his functions. It would, therefore, not be appropriate for the Minister or me to intervene or comment on his decisions.

As the Deputy is aware, solicitors representing the sister of one of the murder victims, Ms Sylvia Shiels, has asked the Minister for Justice, Equality and Law Reform that there be a fully independent public inquiry into the circumstances surrounding Ms Shiels's death and grounds this request on the protections afforded by the European Convention on Human Rights. The Minister has previously outlined to this House that, following consultation with the Garda Síochána and the Attorney General, he is not satisfied of the potential effectiveness of a full public tribunal of inquiry. However, in view of the matters raised by the solicitors involved and to assist the Minister in his consideration of the request, he has asked the solicitors to outline in further detail the reasons they consider a public inquiry to be necessary. A full response has not yet been received by him. I invite Deputy Gregory to make a similar submission to the Minister if he so wishes.

The criminal investigation into these two brutal murders is ongoing and the release of any report on the conduct of the investigation into the public domain would be inappropriate at this stage. I hope this is somewhat helpful to Deputy Gregory, particularly in light of the fresh information I have given to the House this afternoon.