Séamus Healy (Tipperary South, Independent)
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Question 355: To ask the Minister for Justice, Equality and Law Reform his views on the terms of reference of the Rossiter inquiry; if the inquiry will be established under recent public inquiry legislation rather that the out-of-date Dublin Police Act 1924 in order that a full, transparent and effective public inquiry takes place into the death of a person (details supplied); and if he will make a statement on the matter. [27640/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am satisfied that the terms of reference of the inquiry which I have appointed Mr. Hugh Hartnett SC to hold into the arrest, detention and treatment of Brian Rossiter and the investigation of his death will enable the facts surrounding this regrettable incident to be ascertained in a thorough and speedy manner.

I am also satisfied that on the basis of legal advice received, with which I concur, section 12 of the Dublin Police Act 1924, as amended, provides an adequate mechanism for the inquiry. That section gives Mr. Hartnett powers to summon witnesses and examine them on oath.

While the manner in which the inquiry is to be held is a matter for Mr. Hartnett, he has indicated to me that it will not be held in public. However, I intend to publish his report when I have received it from him. I point out to the Deputy that the Commissions of Investigation Act 2004, to which I assume the Deputy is referring in his question, sets out a similar approach.