Joe Sherlock (Cork East, Labour)
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Question 5: To ask the Minister for Defence the new investigation into the death of Army Private Kevin Barrett in Lebanon seven years ago; if he has met the Barrett family to discuss details of the new investigation; when the investigation is set to commence; the length of time he expects it to last; and if he will make a statement on the matter. [7493/06]

Willie O'Dea (Limerick East, Fianna Fail)
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Private Kevin Barrett died on 18 February 1999 while serving with the 84th infantry battalion in Lebanon. His death 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 also held an inquest into the death of Private Barrett from 5 to 8 September 2005. The jury in the inquest returned an open verdict.

I met Mrs. Barrett, who was accompanied by her solicitor, on 4 October 2005. During my meeting with Mrs. Barrett I gave her an undertaking to have the interaction between my Department and the Defence Forces and her and Private Barrett's family reviewed by an independent person.

On 28 October 2005 I appointed Mr. Sean Hurley to carry out an independent review of the interaction between the Department of Defence and the Defence Forces and parents and family of Private Barrett in the aftermath of his tragic death. I received his report on 2 February 2006.

Mr. Hurley has conducted a thorough inquiry and has provided a detailed and frank report. It is clear and concise and covers the issues raised with me by Kevin Barrett's family. Mr. Hurley examined how the Department and the Defence Forces interacted with the Barrett family after Kevin Barrett's death and identified some clear failings and shortcomings. Copies of the review were provided to the Barrett family and its legal advisers on 3 February 2006, and the full report was published on my Department's website on 6 February 2006.

I accept the recommendations and conclusions contained in the report and I assure the Barrett family that I will act on these. Important lessons have been learnt for the future and errors that have occurred in the handling of this tragic case, outlined by Mr. Hurley, must never be repeated. Mr. Hurley acknowledges that some of these have since been addressed in the new Guidelines for Dealing with Bereaved Families introduced by the Defence Forces in 2001. These guidelines will be reviewed to include Mr. Hurley's recommendations.

On receipt of Mr. Hurley's report, I contacted the Garda Commissioner and asked him to provide for me his views on any possible assistance the Garda Síochána could provide. A Garda officer has since been assigned to the case and is examining my Department's files and the Defence Forces files on the case to determine whether the Garda Síochána can provide assistance in the matter.

I repeat my apology to the Barrett family for the pain and suffering they endured following Kevin's tragic death.

Joe Sherlock (Cork East, Labour)
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The Minister's reply is somewhat disappointing as I had hoped it would be more positive. Mr. Hurley's report made some clear, specific recommendations on what should happen next. Will the Minister state whether Mr. Hurley's recommendations are being implemented? Mr. Hurley's report is damning and raises serious questions on the manner in which the Defence Forces operate. The Minister must show leadership by immediately establishing a new investigation, which the Barrett family has campaigned for. Mr. Hurley's report vindicates this campaign.

The report covered the manner in which the Department treated the Barrett family. The Minister has met the family and many questions remain unanswered about the manner of the death, the way in which the body was treated after the death and the reason an open verdict was returned in the original investigation. The Barrett family has had no closure on the death and I ask the Minister to make every effort to have these issues addressed.

Willie O'Dea (Limerick East, Fianna Fail)
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Concerning Deputy Sherlock's first question, it is my intention to implement the recommendations in the Hurley report. The majority of the report concerns the interaction between the family, the Department and the Army. Some improvements had been made since 2001 but Mr. Hurley recommends further changes and these will be implemented. I discussed these with the Chief of Staff as recently as today.

Regarding Mr. Hurley's recommendations for an investigation, it was concluded that the original investigation was incomplete and that there was probably room for a further investigation. He did not state that a Garda investigation or a military court of inquiry was the appropriate method of investigation. A number of options were suggested.

My preference, and that of the family, would be for a Garda investigation. A Garda superintendent is examining files to assess whether a Garda investigation is warranted. I spoke to the Garda Commissioner and I await the recommendations of the superintendent before deciding on the format of the investigation.

I agree the Barrett family has had no closure and it is a matter of continuing trauma. I spoke to Mrs. Barrett today and arranged to meet her following my return from Liberia. At that stage I expect to have the Garda findings.

Joe Sherlock (Cork East, Labour)
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Is the Minister prepared for a new investigation into this matter?

Willie O'Dea (Limerick East, Fianna Fail)
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Yes.