Charlie O'Connor (Dublin South West, Fianna Fail)
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Question 373: To ask the Minister for Justice, Equality and Law Reform if he will make a statement in respect of plans for the Dean Lyons inquiry. [36795/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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On 22 November 2005 the Government decided that a commission of investigation should be established into the making of a confession by the late Dean Lyons about the tragic deaths of two persons in March 1997 in Grangegorman, Dublin 7.

My intention is to appoint Mr. George Birmingham, SC, as the sole member of the commission, which will be established under the Commissions of Investigation Act 2004. It will be independent with full statutory powers to investigate the matter and to take sworn evidence.

The Government's decision follows my appointment earlier this year of Mr. Shane Murphy, SC, to complete an independent review of Garda papers and action taken regarding these matters. While Mr. Murphy's report itself made a significant contribution to progressing the matter, he did not have the power to examine persons under oath and determine matters of fact. He recommended that the best method to resolve the issues was to establish a full commission of investigation.

A draft of the proposed order establishing the commission and a statement of the reasons for establishing the commission has been laid before the Houses of the Oireachtas. The passing of a resolution approving the draft order by both Houses of the Oireachtas is a necessary prerequisite to the establishment of the commission and the relevant motions are due to be discussed in Dáil Éireann and Seanad Éireann on Wednesday and Thursday respectively.