Billy Timmins (Wicklow, Fine Gael)
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Question 37: To ask the Minister for Defence the stage at which the investigation into the death of a person (details supplied) is at; and if he will make a statement on the matter. [23980/06]

Paul McGrath (Westmeath, Fine Gael)
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Question 58: To ask the Minister for Defence if progress has been made with regard to the implementation of recommendations contained in the Hurley review in the death of Private Kevin Barrett; and if he will make a statement on the matter. [23766/06]

Joan Burton (Dublin West, Labour)
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Question 79: To ask the Minister for Defence the position in relation to the investigation being carried out into the circumstances surrounding the death of a person (details supplied); if he will confirm that Gardaí are carrying out fresh tests on a military rifle that inflicted the fatal wound; if new requests have been made to the United Nations regarding the person's death; and if he will make a statement on the matter. [23790/06]

Willie O'Dea (Limerick East, Fianna Fail)
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I propose to take Questions Nos. 37, 58 and 79 together.

On 2 February, 2006, I received a report from Mr. Sean Hurley, who I had appointed to carry out an independent review of the interaction between the Department of Defence/Defence Forces and parents and family of Private Kevin Barrett in the aftermath of his tragic death, on 18 February, 1999, while serving with the 84th Infantry Battalion in Lebanon. Mr Hurley has looked in detail at how the Department and the Defence Forces interacted with the Barrett family after Kevin's death and has identified some clear failings and shortcomings. Important lessons have been learnt for the future and errors that have occurred in the handling of this tragic case, outlined by Mr. Hurley, must never be repeated. Mr Hurley acknowledges that some of these have since been addressed in the new "Guidelines for Dealing with Bereaved Families" introduced by the Defence Forces in 2001.

Since the publication of Mr Hurley's report, the recommendations and conclusions in relation to procedural and operational issues have been considered by the Defence Forces to see how they might best be implemented. The military authorities have undertaken a review of the guidelines for dealing with bereaved families in the light of Mr Hurley's recommendations. I am advised that, while there is no proposal to further amend the revised arrangements put in place in 2001, the guidelines continue to be reviewed on an ongoing basis.

The Defence Forces standard operating procedures in relation to the investigation, reporting and handling of such incidents are also being reviewed to take account of the various other recommendations in the report. Any changes deemed necessary will be incorporated into Defence Forces Administrative Instructions and Directives. Finally, the recommendation in relation to the role of the attending Medical Officer in the case of autopsies conducted outside the jurisdiction is also being reviewed to see how this might be implemented, having regard to the fact that the Medical Officer may have no standing in the foreign jurisdiction.

Immediately on receipt of Mr. Hurley's report, I contacted the Garda Commissioner and asked him to provide me with his early views in relation to any possible assistance that the Garda Síochána might be in a position to provide. The Garda officer assigned to the case is currently examining my Department's and the Defence Forces files in the case, with a view to determining whether the Gardaí can provide any assistance in the matter. Liaison arrangements have been set up between the Gardaí and the Defence Forces, who continue to provide the fullest cooperation to An Garda Síochána.

To date the Defence Forces have assisted in providing access to the considerable number of witnesses associated with the case and have also facilitated the visit by the investigation team to Lebanon and Israel. The weapon that fired the fatal shot has been handed over by the Defence Forces to the Garda Síochána for tests and arrangements are underway for the return to Ireland of the billet in which Pte Barrett died. The Garda inquiries are ongoing and when completed, I expect the Commissioner will contact me in the matter.