Tony Gregory (Dublin Central, Independent)
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Question 64: To ask the Minister for Justice, Equality and Law Reform the reason he is awaiting a further report into the Grangegorman murders from the Garda authorities; and if he will make a statement on the matter. [10507/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I thank Deputy Gregory for tabling this question. Deputies will be aware of the main facts of this distressing case. Sylvia Shiels and Mary Callinan were brutally murdered on the night of 6-7 March 1997. In July of that year the late Mr. Dean Lyons made an apparently full confession to investigating Garda officers of his alleged guilt in the double murder. Following consultation between the Garda and the Office of the Director of Public Prosecutions, he was charged with one of the murders at Grangegorman. In August 1997 another person, whom I cannot name in the House, was arrested and detained during the investigation of another double murder and made a confession regarding the Grangegorman murders. As a result of the admissions made by the second person, the Garda Commissioner appointed an assistant commissioner to review all available evidence regarding these murders.

The Garda authorities state that this investigation indicated that Mr. Lyons did not commit the murders in question. Following completion of this review, 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.

As the House is aware, when the DPP decides not to prosecute in a particular case, the reasons for the decision are given to the Chief State Solicitor and the investigating gardaí. However, the director has stated that it is his policy not to disclose this information otherwise. The prosecution of alleged offences is the responsibility of the DPP alone. He is independent in the exercise of his functions and it would therefore not be appropriate to intervene or comment on his decisions.

On 24 February, the Garda Síochána press office published a notice on behalf of the Garda Commissioner in a number of newspapers which stated that the Garda was satisfied that Dean Lyons had no participation in the murders and that it appreciated the embarrassment suffered by his family as a result of criminal charges preferred against him and subsequently withdrawn. It regretted and apologised to the family of Mr. Lyons for any embarrassment caused.

In recent days, I have received a comprehensive up-to-date report which I requested from the Garda authorities on all matters arising in this case. The report is a detailed one and is accompanied by a large volume of associated papers. I have also previously indicated to the House my reservations regarding a public inquiry into this case. The death of Dean Lyons has obvious implications for the effectiveness of such an inquiry. I must also be mindful that the criminal investigation into the two murders is not closed. In particular, a forensic "cold case" review is being conducted by the Garda on exhibits and samples to see if there is forensic material to support a prosecution against the other person. This has led to the re-examination of a large number of such exhibits and samples. The outcome of this review could lead to charges being made in future, and I am sure the House will appreciate that I cannot prejudice that decision.

Nevertheless, taking all these factors into consideration, I accept that there are understandable grounds for concern that Dean Lyons made an apparently inculpatory statement in this case. This is why, having taken the representations made by a number of Deputies, including Deputy Gregory, into account, I have decided in principle to refer the Garda papers in the case to outside counsel with a view to examining how Mr. Lyons came to make the confession and what lessons can be learned from that occurrence in an effort to ensure that something similar does not happen again in future. I expect to have the terms of reference for the examination finalised and a person to carry it out chosen shortly.

Tony Gregory (Dublin Central, Independent)
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Will the Minister state if it is clear from the reports made available to him by the Garda that in the written statement taken by gardaí from Dean Lyons, there were specific details, including the murder weapon, that could only have been known to gardaí themselves and to the murderer? These details of the case have been in the public arena for the last five years. I have raised the case with the Minister since he became Minister for Justice, Equality and Law Reform and he has prevaricated until now. Is it not a critical issue that a statement which was neither videotaped nor audiotaped but gave precise details of the murder weapon and scene was taken from Dean Lyons who was later shown to be innocent? Is it not the case that serious implications arise from this? Surely the Minister agrees that this fact alone necessitates a full public inquiry. He has stated that he will refer this case to counsel. What is the nature of the inquiry he will ask the counsel carry out? Will it be public, open and transparent or yet another private inquiry into the details of the case?

Michael McDowell (Dublin South East, Progressive Democrats)
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To clarify matters for the Deputy, I will ask the counsel to go through the considerable volume of documentation which was furnished to my office, together with a report, by the Commissioner last Thursday. I have no doubt that this is a grave issue. I agree with the Deputy that the serious issue in question is whether the alleged inculpatory statement made without any form of recording contains detail which could only have been supplied to Mr. Lyons by his interrogators. This is the crucial issue. Rather than relying on what has appeared in the newspapers, I wish to have a person in whose judgment I have confidence to go through all the material, establish what substance there may be to that grave issue and report to me. I will then report to the House whether an inquiry is necessary.

If an inquiry is necessary, there are a number of possibilities. One, which I have already mentioned, is the appointment under the Dublin Police Act 1924 of a person to carry out a sworn inquiry and provide me with a report. This is one of several possibilities, but I do not wish to rule any out. However, I agree that the grave implications to which Deputy Gregory referred are the point of interest and public concern. I am taking steps to evaluate what steps I should take on foot of the issues raised by this inquiry.

Tony Gregory (Dublin Central, Independent)
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Several points arise from the Minister's reply. If it is shown to be the case that these details, which could not have been known to Dean Lyons, were in his statement, will the Minister arrange a full public inquiry or some other form of inquiry so that this is brought out into the open? The Minister is aware that the sister of one of the victims and Dean Lyons's father have continually called for a full public inquiry. Given the length of time that has elapsed and the prevarications that have surrounded the case from the very beginning, they are entitled to it.

Michael McDowell (Dublin South East, Progressive Democrats)
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I do not wish to speculate about what I will be advised by the independent counsel regarding this matter. However, I accept it is a serious issue. I presume the Deputy would not ask the question if it were not a serious issue. I will report back to the House when I have the material available to me.

Joe Costello (Dublin Central, Labour)
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The Opposition does not ask questions that are not serious.

Tony Gregory (Dublin Central, Independent)
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I take it that under the Dublin Police Act 1924, the Minister will not appoint a garda?

Séamus Pattison (Carlow-Kilkenny, Labour)
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We must proceed to Question No. 65.