Michael McDowell (Dublin South East, Progressive Democrats)
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I am aware of the newspaper photographs referred to by the Deputy.

I am informed that on the day in question the crime scene was immediately sealed off by the Garda authorities with a number of adjacent streets included in the cordon area. In addition, direct action was taken by gardaí at the scene to ensure there was no encroachment by reporters or photographers at the scene. I am assured that no assistance was given at the scene by gardaí to enable such photographs to be taken.

I understand that the photographs in question were taken by photographers lying on the ground outside the cordoned area with suitable camera equipment. These cameras were apparently fixed on the crime scene tent awaiting an opportunity to take photographs when crime scene examiners were entering and leaving the tent.

The issue of whether to publish certain photographs rests with the editors of newspapers. The proposed code of standards being developed by the press industry steering committee, in the context of the creation of an independent press council, might usefully address this issue. There are no specific provisions in this regard in the proposed defamation Bill or in the Garda Síochána Bill 2004.