Billy Timmins (Wicklow, Fine Gael)
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Question 11: To ask the Minister for Defence the situation with regard to the investigation into the death of a person (details supplied); and if he will make a statement on the matter. [32333/06]

Kathleen Lynch (Cork North Central, Labour)
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Question 39: To ask the Minister for Defence the position regarding the investigation into the death of a person (details supplied); if the exhumation and examination of the persons remains has taken place; the results of that examination; the way the investigation will proceed; and if he will make a statement on the matter. [32176/06]

Willie O'Dea (Limerick East, Fianna Fail)
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I propose to take Questions Nos. 11 and 39 together.

On 2 February 2006, I received a report from Mr. Sean Hurley, whom I appointed to carry out an independent review of the interaction between the Department of Defence and Defence Forces and the parents and family of Private Kevin Barrett in the aftermath of his tragic death, on 18 February 1999, while serving with the 84th Infantry Battalion in Lebanon. Mr. Hurley examined in detail how the Department and the Defence Forces interacted with the Barrett family after Kevin's death and identified clear failings and shortcomings.

Immediately on receipt of Mr. Hurley's report, I contacted the Garda Commissioner and asked him to provide me with his early views on any possible assistance the Garda Síochána might be in a position to provide. The Garda officer assigned to the case continues to examine the files of my Department and the Defence Forces on the case, with a view to determining whether the Garda Síochána can provide any assistance in the matter. Liaison arrangements have been established between the Garda Síochána and the Defence Forces, who continue to provide the fullest co-operation to the Garda Síochána.

To date the Defence Forces have assisted in providing access to the considerable number of witnesses associated with the case and have also facilitated the visit by the investigation team to Lebanon and Israel. The weapon which fired the fatal shot was handed over by the Defence Forces to the Garda Síochána for tests. At the request of the Garda Síochána, the Defence Forces also arranged, with the agreement of the UN, for the return to Ireland of the billet in which Private Barrett died. Garda inquiries are ongoing and when completed, I expect the Commissioner will contact me in the matter.

The scope of the Garda investigation and the manner in which it proceeds is a matter for the Commissioner. My understanding is the Garda investigation may be completed before the end of this year. I understand any decision regarding the exhumation of Private Barrett's remains, if considered necessary by the Garda Síochána to complete its investigation, would be a matter for the family of the late Private Barrett. I have no further information in this regard.

Billy Timmins (Wicklow, Fine Gael)
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I am sure the Minister and his representatives keep in contact with the Barrett family to inform them on the investigation. I hope the investigation can be brought to a speedy conclusion. Were all the witnesses involved in the incident available for investigation or questioning?

Joe Costello (Dublin Central, Labour)
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I thank the Minister for his reply and I agree with Deputy Timmins. I presume the Barrett family is kept informed at every stage of the investigation. The Minister mentioned the exhumation of the remains would be an issue for the family. Does the Garda Síochána consider it to be an essential part of the investigation? Has any progress been made on it?

Willie O'Dea (Limerick East, Fianna Fail)
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I keep the family informed. I do not know whether all witnesses were available. I handed the matter over to the Garda Síochána and a Garda investigation is being conducted at the level of chief superintendent. I hope it will be concluded by the end of the year.

We should not discuss exhumation orders in the House. I am in close touch with Mrs. Barrett, Kevin Barrett's mother, and she has no objection to an exhumation order. Whether such an order is necessary for the Garda investigation is a matter for the investigation team and I leave it to them.