Joe Costello (Dublin Central, Labour)
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Question 484: To ask the Minister for Justice, Equality and Law Reform if, in relation to the commitment he made in Dáil Éireann on the 21 June 2005 (details supplied) following publication of the second report from the Morris tribunal, apologies have been made by him since that date and, if so to whom; if, in particular an apology has been made to a person arising from the findings of the first report of the tribunal; the further facts which require to be established in the cases dealt with in the tribunal reports before such apologies can be made; the fact-finding process he has put in place for the purpose; and if he will make a statement on the matter. [33943/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am on record as having commended Mr. Justice Frederick Morris on the excellent work of the Morris Tribunal thus far and I have no reason to dispute any of the findings arising therefrom. However, notwithstanding the eminence of the tribunal's sole member and the quality of the work done to date the tribunal is not a court of law — either civil or criminal. Consequently, neither its findings nor its mere existence can affect the right of a litigant to commence proceedings before our courts regarding matters which have already been determined by the tribunal. While it is open to a court to admit the inquiry's report in any civil proceedings, it is not constricted from admitting other evidence which may be adduced in that context and the tribunal process does not in any way detract from the right of a court to make findings of fact in relation to cases that come before it as part of either the civil or criminal process.

Many persons involved in the events in Donegal have instituted civil proceedings against the State as is their entitlement. I am not in a position to say with certainty whether any further facts will emerge during the course of those proceedings. What I can say with certainty is that since publication of the second Morris tribunal report settlement has been reached in relation to a number of civil actions associated with those events and negotiations are in train in relation to a number of others. So far, where a settlement has been reached a formal apology has issued.

In the particular case referred to, I can do no more at this point than refer the Deputy to the answer I gave to his question on 8 November where the position was set out. As I explained, I am constrained in what I can say because of the civil process. The issues raised in this case are being carefully examined so as to ensure that they are responded to fully and appropriately in the proceedings. I do not propose to establish any other separate fact finding process to operate in tandem with the tribunal.