Billy Timmins (Wicklow, Fine Gael)
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Question 1: To ask the Minister for Defence if he will initiate an inquiry into the death of a person (details supplied) in Lebanon in February 1999; and if he will make a statement on the matter. [26046/05]

Joe Sherlock (Cork East, Labour)
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Question 2: To ask the Minister for Defence his plans to conduct an investigation into the death of a person (details supplied) six years ago; if he is satisfied with the open verdict returned by an inquest in Donegal into this person's death; and if he will make a statement on the matter. [26049/05]

Willie O'Dea (Limerick East, Fianna Fail)
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I propose to take Questions Nos. 1 and 2 together.

The case to which the Deputies refer is that of Private Kevin Barrett, who died on 18 February 1999 while serving with the 84th infantry battalion in Lebanon. I avail of this opportunity to express my sympathy to the family of Private Barrett on their sad loss.

The death of Private Barrett was the subject of a UN board of inquiry and an Irish contingent board of inquiry as well as a military police investigation. The coroner for north-west Donegal held an inquest into the death of Private Barrett on 5-8 September 2005. The jury returned an open verdict. I am advised the military authorities cooperated fully with the inquest into the soldier's death.

I have arranged to meet the late Private Barrett's mother in the near future. I will listen carefully to what she has to say and then consider whether any future action is called for in light of the circumstances surrounding this unfortunate accident. Pending my meeting with Mrs. Barrett I prefer not to go into detail regarding the inquiries held to date. I am sure Deputies will appreciate that this is the proper approach in a sensitive situation such as this.

Billy Timmins (Wicklow, Fine Gael)
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I join the Minister in expressing sympathy to the family of the late Private Kevin Barrett. This is a tragic case and I warn the Minister that at the meeting Mrs. Barrett will express grave dissatisfaction at the way she was treated. The way this woman and her family were treated is nothing short of scandalous. I am not sure where the blame lies but this side of the House wants the Minister to initiate a Garda inquiry into the matter. The Minister might also examine the workings of his own Department and consider why material was not forthcoming when sought by one of the legal teams for the family. The material was not received until the inquest opened in Donegal in September this year. The military police sergeant who investigated the matter stated that something was not quite right about this shooting. On several occasions he sought the reopening of the case. The coroner expressed an open verdict on the case. One statement was withdrawn at the inquest and there is cause for concern. It is regrettable that we must wait on the actions of a mother bereaved of a son before we take action.

I am an advocate of Irish people serving overseas and making a contribution. Tragedies have happened and will happen again. It is crucial to have structures in place so that families can have confidence in what they are told happened. When a body is returned from overseas it should come home in a proper and respectful manner and this was not the case.

Joe Sherlock (Cork East, Labour)
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I join the Minister and the other speaker in extending sympathy to Mrs. Barrett and the family on the death of Kevin Barrett. I am disappointed by the Minister's response as he is well aware of the problem. Mrs. Barrett was told by the army that her son died as result of an accident and there were many unanswered questions. The Minister now proposes to have an investigation because the family wants to know the precise circumstances of the death. I want the Minister to state when the investigation will take place and the investigation must address the following questions. Why was the Barretts' legal team not given army documentation on Kevin Barrett's death? Will the Minister now make it available to the family? Serious questions remain about the condition of Kevin Barrett's body after his death. Can the Minister provide an explanation?

Willie O'Dea (Limerick East, Fianna Fail)
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I share the concern of the Deputies but I prefer to meet Mrs. Barrett to hear what she has to say. I do not need Deputy Timmins to tell me what she thinks. In respect of the inquiry, sometimes it is impossible to ascertain the circumstances in which someone died. In this case there have been inquiries by the UN, the Irish army and a three day inquest. In none of those cases was there a definitive conclusion on how this young man died.

There has been a proposal for a Garda inquiry. I propose to read the transcript of the inquest and then read a report by the military on the inquest. Following my meeting with Mrs. Barrett I will speak to the military and then I will decide what further investigations are warranted. That may involve outside expertise or it may be a Garda inquiry. I will make the decision soon.

Billy Timmins (Wicklow, Fine Gael)
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The Minister is correct in stating that several inquiries have taken place. I understand the family did not receive results of any of these inquiries except the coroner's report. The family did not get the result of the main UN inquiry. The legal team sought the result of that inquiry and did not obtain it. The Minister stated that no inquiry came to a conclusion on the cause of death but I believe the UN inquiry concluded that death was caused by self-inflicted discharge of a weapon.

Willie O'Dea (Limerick East, Fianna Fail)
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Yes, but it did not conclude if it was accidental or deliberate.

Billy Timmins (Wicklow, Fine Gael)
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Would the Minister agree that irrespective of what Mrs. Barrett might tell him or what I might request, a casual perusal of the information in the public domain makes it clear that a public inquiry is needed. The Minister should use his judgment without needing someone to tell him an inquiry should be carried out.

Joe Sherlock (Cork East, Labour)
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The coroner, Dr. John Gannon, said Private Barrett died as a result of a discharge from an Army weapon. Why did it take so long to meet this lady to consider or listen to what she had to say on the matter? When does the Minister propose to meet this person and does he hope to set up the investigation immediately following the meeting?

Willie O'Dea (Limerick East, Fianna Fail)
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To answer Deputy Sherlock first, the lady in question did not seek to meet me. I initiated the contact with her and I will meet her next week. The inquest finished just last Tuesday fortnight. There has been no avoidable delay on my part. I initiated the contact with Mrs. Barrett.

I wish to correct the record of the House. Deputy Timmins is absolutely wrong in the implications in his questions. First, a copy of the Defence Forces contingent board of inquiry has been released to solicitors representing the Barrett family.

Billy Timmins (Wicklow, Fine Gael)
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On the morning of the inquest.

Willie O'Dea (Limerick East, Fianna Fail)
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The Deputy implied that it was not released. It was.

Billy Timmins (Wicklow, Fine Gael)
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I stated in my initial question that it was the morning of the inquest.

Willie O'Dea (Limerick East, Fianna Fail)
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As an ex-Army officer, Deputy Timmins should know that United Nations boards of inquiry are internal documents of the United Nations. They are made available to state authorities on condition that they cannot be released or made public in any way, including for judicial proceedings. However, with the agreement of the United Nations, a copy of that part of the UN board of inquiry entitled "Description of the Incident", which gives a factual description of the circumstances of Private Barrett's death, was released to Mrs. Barrett. That is the position and there is nothing more we can do, as the Deputy knows.

Deputy Timmins asked could I kick-start an inquiry from my casual observations of what appeared in the media. It is not a question of acting on casual observations. This is a very sensitive matter and I feel deeply sorry for the family who are obviously traumatised by this. I will not go off on some tangent based on some casual reading of a newspaper headline. I will not use this case to scrounge around for votes as the Deputy is doing.

Billy Timmins (Wicklow, Fine Gael)
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I did not refer to the media. I referred to information available in the public domain. The Minister should check the record.

Willie O'Dea (Limerick East, Fianna Fail)
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The Deputy said as clear as a bell would I not trigger an inquiry from a casual glance at the information.

Billy Timmins (Wicklow, Fine Gael)
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From information available in the public domain, not in the media.

Willie O'Dea (Limerick East, Fianna Fail)
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I will have another inquiry if I deem it necessary and having studied the matter properly, not in a casual manner, because it is not a case that should be dealt with in a casual manner.

Joe Sherlock (Cork East, Labour)
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This is a serious matter. The Barrett legal team was not given the Army documentation. Will this documentation be given to the legal team?

Willie O'Dea (Limerick East, Fianna Fail)
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It has been given to them. A copy of the Defence Forces contingent board of inquiry has already been released to the Barrett family's legal team. I will inquire how long it took to release it or whether there was an undue delay.

Billy Timmins (Wicklow, Fine Gael)
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The Minister is correct that the UN cannot release the court of inquiry document, which is an internal document. Under Defence Forces regulation C55, the Chief of Staff or Deputy Chief of Staff have the power to initiate an inquiry if they feel it is a matter of national importance.

Willie O'Dea (Limerick East, Fianna Fail)
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I repeat I will initiate any inquiries and seek the support and help of anyone to pursue these inquiries. However, there will be such inquiries as I determine are warranted having studied fully all the evidence and information available in the case.