Michael Noonan (Limerick East, Fine Gael)
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Question 578: To ask the Minister for Defence when legal proceedings will be taken against those persons who murdered two Irish soldiers in the Lebanon 25 years ago (details supplied); the support and assistance which has been offered to the bereaved families by either his Department or the Army authorities; and if he will make a statement on the matter. [35699/05]

Willie O'Dea (Limerick East, Fianna Fail)
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The case to which the Deputy refers relates to the killing of Private Thomas Barrett and Private Derek Smallhorne while serving with the United Nations Interim Force in Lebanon, UNIFIL, in 1980. The question of the measures open to the Irish authorities to bring the alleged perpetrator of this crime to justice is currently being examined in my Department in conjunction with the Department of Foreign Affairs and the Attorney General's office. The process is detailed and complex, involving a review of international legal provisions including the potential application of the provisions of the Geneva Convention and of all the available evidence in the case. In this regard my Department sought the advice of the Attorney General as to whether there is a basis available for mounting a case against the alleged perpetrator.

The Attorney General has since advised that there are no provisions in Irish law which provide a basis for Ireland to pursue a prosecution against the alleged perpetrator. The Attorney did indicate, however, that while untested and potentially difficult, it might be possible for Ireland to pursue a prosecution under the provisions of the Geneva Convention. While this appears an outside possibility, nevertheless, I have asked the DPP, who would be responsible for pursuing any prosecution, to review the matter.

The country with primary jurisdiction in this case is Lebanon. At my request, my colleague, the Minister for Foreign Affairs, through the Embassy of Ireland in Cairo, which is accredited to Beirut, has conveyed to the Lebanese authorities our earnest desire and determination to see the alleged perpetrator brought to justice and to advise them that we will assist in whatever manner we can should the Lebanese authorities be able to bring him to justice. As recently as 10 November 2005, the Irish Ambassador to Cairo met with the Prime Minister of Lebanon and discussed the matter with him. My Department and the Department of Foreign Affairs are also in contact with the US authorities, where the alleged perpetrator resides as a naturalised US citizen. However, it will be appreciated that the long passage of time since the tragic incident will create its own difficulties in terms of mounting a prosecution, even if we can make the alleged perpetrator amenable to justice.

I will continue to explore such avenues as may be open to me to seek justice in respect of Privates Barrett and Smallhorne. I am advised that the Defence Forces continue to maintain contact with the Barrett and Smallhorne families through annual ceremonies commemorating deceased members of the Defence Forces. On 2 November 2005, Mrs. Emily Barrett, widow of the late Private Thomas Barrett, attended such a ceremony at Collins Barracks, Cork. Each year, Private Smallhorne's parent unit, the 5th Infantry Battalion, is in contact with his family and members of the family are invited to an annual Mass for deceased members of the battalion. This year, to mark the 25th anniversary of the death of Private Derek Smallhorne, a wreath-laying ceremony, organised by the 5th Infantry Battalion, was held at his graveside in Palmerstown Cemetery, Dublin, followed by Mass at the Garrison Church, McKee Barracks. The ceremony was attended by Private Smallhorne's daughters, sisters and brother.