Dáil debates

Thursday, 23 September 2021

Saincheisteanna Tráthúla - Topical Issue Debate

Commissions of Investigation

4:00 pm

Photo of Martin KennyMartin Kenny (Sligo-Leitrim, Sinn Fein)
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I am sure the Minister of State will be aware of the documentary that was aired on RTÉ over the past number of weeks on this issue. On an evening in 1985, Fr. Molloy was found dead in a bedroom in a house in Clara, County Offaly, the home of the Flynn family. They were a wealthy family with whom Fr. Molloy had both personal and business relationships, as it subsequently turned out.

The issues around this are clear. We have had 36 years of cover-up and an unwillingness of the State to examine the issue. From the beginning, it was clear that every effort was made to smother what was happening. I believe the first that people outside of the household knew of the death of Fr. Molloy was when the parish priest in Clara knocked on the door of the local Garda station. The conversation immediately was about how it could be kept quiet. That has been how it has gone on since then.

I wish to commend the family of Fr. Molloy, and Bill Maher in particular, who was one of the key people involved with the recent documentary, and indeed, RTÉ on showing the documentary. It is an outrage that we have a situation where a priest was found dead in a bedroom and the people who were involved walked away without any recourse to justice. If we remember, at the same time in the mid-1980s, how the family of Joanne Hayes in County Kerry was treated, we will note the stark contrast between a poor family and a wealthy family and how they were treated by the State. It is something that slaps us all in the face and should wake us up to what needs to happen here.

There needs to be a full investigation into how this happened. The only way that can be done is through a commission of investigation that will compel people to tell the truth about what happened. It is a scandal that has gone on for too long. I certainly hope that the Minister of State will inform us today that the commission of investigation will be put in place as quickly as possible to ensure that this family gets justice. It has gone on for too long and it simply cannot go on for any longer.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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Names were mentioned. I advise caution in the mentioning of names.

Photo of Martin KennyMartin Kenny (Sligo-Leitrim, Sinn Fein)
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They are all in the public domain.

Photo of Claire KerraneClaire Kerrane (Roscommon-Galway, Sinn Fein)
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Fr. Niall Molloy was a son, a brother, an uncle, a neighbour, a friend and a parish priest to the people of Castlecoote, County Roscommon. He was held in the highest regard by those who knew him and those whom he served in his parish. Fr. Molloy was brutally murdered 36 years ago. It is 36 years later and there have been no answers and, more importantly, there has been no justice. There has been no justice for Fr. Molloy or for his family who has to live with the injustice every day. I cannot begin to imagine the pain of that.

This happened before I was born, but there is not one person growing up in County Roscommon who does not know about Fr. Niall Molloy. The recent documentary shown on RTÉ has put a spotlight on the case yet again. There is no doubt in my mind that this was a cover-up. It is wrong. This Government should bring the injustice to an end, once and for all, by establishing a commission of investigation into the death of Fr. Molloy. It is the very least that he and his family deserve. We must remember in all of this that Fr. Niall Molloy was a person. His life mattered. I plead with the Minister of State and the Government to end the injustice for this family, 36 years later. I ask them to establish that commission of investigation into his death to give the family the justice they deserve and those answers that they have not yet received 36 years after somebody that they loved was killed.

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
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I thank the Deputies for raising this most important matter. As the House will be aware, Fr. Niall Molloy was a Catholic priest who tragically died in undetermined circumstances on 8 July 1985. Fr. Molly was the parish priest of Castlecoote, County Roscommon at the time of his death. I wish to send my sympathies and those of this House to the family of Fr. Molloy for the grief and trauma this tragedy has caused them in the years since his death.

It is important to emphasise that the investigation of any crime is strictly a matter for An Garda Síochána, which is, by law, responsible for all law enforcement in this State. I advise the House that the Garda serious crime review team, SCRT, carried out a major review of the case, which involved an extensive examination of the original investigation, as well as a detailed inquiry into additional issues raised.

The SCRT report was submitted to the Director of Public Prosecutions, DPP, who advised in July 2013 that there should be no further prosecution in the case. The DPP is, of course, completely independent in the exercise of her functions, and the Minister for Justice has no role in any decisions made by the DPP regarding any case.

In an effort to address continued concerns over Fr. Molloy's tragic death, it was decided to appoint Mr. Dominic McGinn SC, to independently assess what information could be put into the public domain regarding the SCRT review of the case and to advise as to whether a further inquiry would be warranted.

This was an exceptional course of action, motivated by the desire to bring the greatest possible transparency to bear. On 31 March 2015, the former Minister for Justice and Equality, Frances Fitzgerald, published the report. The thrust of Mr. McGinn's report was to shed light on as many issues as possible to minimise the number of unanswered questions regarding the case.

The report by Mr. McGinn outlines how some of the concerns expressed regarding this case were not supported by evidence. It details shortcomings in the original investigation, which were identified by the SCRT review.

The McGinn report concluded that the precise events surrounding Fr. Molloy's death cannot now be ascertained. It concludes that, given the passage of time, the death of many of the pertinent witnesses and the reluctance of others to give evidence, it is unlikely any further inquiry would have a reasonable prospect of establishing the truth.

In light of all of the above, the establishment of a commission of investigation would be inappropriate at the current juncture because, as Mr. McGinn pointed out previously, it is unlikely that any further inquiry would have a reasonable prospect of establishing the truth. As such, this course of action is not being considered by the Department of Justice or the Government at this time.

4:10 pm

Photo of Martin KennyMartin Kenny (Sligo-Leitrim, Sinn Fein)
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I am surprised and deeply annoyed that the Government would refuse a commission of investigation having seen what was put before the public in recent weeks in the documentary on RTÉ, which exposed the reality that there was no appropriate or full investigation, even at the time of Fr. Molloy's death. Many of the people who were at the party in the house on the evening in question were not interviewed. Many of them were never spoken to. Issues concerning the business involvement of the woman of the house and Fr. Molloy were never properly investigated or looked into. The manner in which the case was hushed up is really what needs to be examined. Anyone with an ounce of common sense will realise that the only way this can be done, and the only way we can get to the truth here, is by compelling people to tell the truth and to speak clearly and openly at a commission of investigation. It is simply not good enough that the family has been let down. It is not the only one. There are many other families in similar circumstances around the country but the one in question is one we are focusing on this evening. It is absolutely wrong that the Government would refuse point-blank to have a commission of investigation when it has realised what has been seen on our television screens in recent weeks.

Photo of Claire KerraneClaire Kerrane (Roscommon-Galway, Sinn Fein)
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In the Minister of State's contribution, he referred to the major review that was conducted and the subsequent report of Mr. McGinn. Neither has provided any answers or justice to the family. It is not good enough to say it is unlikely that what actually happened will come to light, and that this is why a commission of investigation will not be established. This is a position that the Minister of State and Government should re-examine. It is not good enough to say it is unlikely that evidence will be found and that the Government will therefore not even consider a commission of investigation. That is deeply regrettable. Ultimately, the family of somebody who died 36 years ago remains without answers and justice. In this day and age, that is a great shame. I ask the Minister of State to reconsider the proposal for a commission of investigation.

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
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Again, I thank the Deputies for raising this matter. I am very aware of the claims that have been made over many years regarding Fr. Molloy's death but I must emphasise again that the Minister for Justice has no role in any investigation of any crime or the decision to prosecute any crime. These are strictly matters for An Garda Síochána and the DPP. The question of any further prosecution is a matter for the DPP, who has already issued a direction in that regard. It is important to recall that the investigation into the death of Fr. Molloy remains open and that anyone with any relevant information is encouraged to contact An Garda Síochána.

I must also emphasise the independence of the courts and the Judiciary in the exercise of their functions. Neither I nor the Minister for Justice can comment on the conduct or outcome of any court proceedings, no matter how long ago they occurred, or the claims made. These are strictly matters for the presiding judge.

I acknowledge that the Minister's position is not the outcome that the Deputies would want or that the family of Fr. Molloy have sought but it remains the only reasonable conclusion that can be reached following Mr. McGinn's careful analysis of the SCRT review. A further inquiry into Fr. Molloy's tragic death is not appropriate at this juncture as it is very unlikely that any further inquiry would have a reasonable prospect of establishing the truth, which must be the fundamental criterion in establishing any further inquiry. As the McGinn report concluded, the precise events surrounding Fr. Molloy's death cannot now be ascertained. It concluded that, given the passage of time, the death of many of the pertinent witnesses and the reluctance of others to give evidence, it is unlikely that any further inquiry would have a reasonable prospect of establishing the truth.

I would like to close by extending my sympathies and those of the Government and this House to Fr. Molloy's family on its terrible loss, the pain of which is still clearly felt by many of them so many years later.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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I thank the Minister of State, and I thank the Deputies for raising these matters.

Sitting suspended at 4.57 p.m. and resumed at 5.03 p.m.