Finian McGrath (Dublin North Central, Independent)
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Question 279: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the reason a person was not arrested following their admission to having committed a serious offence (details supplied) in County Donegal. [28821/06]

Finian McGrath (Dublin North Central, Independent)
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Question 280: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the reason a full investigation was not held in a case (details supplied). [28822/06]

Finian McGrath (Dublin North Central, Independent)
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Question 281: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the reason a file was not prepared as in normal procedure and forwarded to the Director of Public Prosecutions for his directions, as was the case in other cases (details supplied). [28823/06]

Finian McGrath (Dublin North Central, Independent)
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Question 282: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the names of those who gave the authority to the two senior Gardaí to approach the Director of Public Prosecutions personally on a Detective's (details supplied) behalf. [28824/06]

Finian McGrath (Dublin North Central, Independent)
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Question 283: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the reason the Gardaí in charge of the safe keeping of the exhibits in a case (details supplied) were not brought to book. [28826/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 279 to 283, inclusive, together.

At the outset I should say that as Minister for Justice, Equality and Law Reform, I play no role in the prosecution of offences and both the decision to initiate a prosecution and the subsequent conduct of that prosecution are functions exclusively assigned (with limited exceptions) to the DPP under the Constitution and the relevant statutory provisions.

The issues to which the Deputy refers have their origin in the circumstances surrounding the arrest and detention of seven persons at Burnfoot in Donegal in May 1998 and the investigation relating thereto. Those precise circumstances formed part of the terms of reference of the Morris Tribunal as approved by resolution of Dáil and Seanad Éireann on 28 March 2002. I concur with the view expressed by Mr. Justice Morris in the recent Burnfoot report that the question of whether or not immunity was correctly granted to a Detective Garda is a matter for the Director of Public Prosecutions. Indeed Mr. Justice Morris also pointed out that it was perfectly obvious that immunity would be essential if there were to be any hope of the Detective Garda giving evidence at the criminal trial of Detective Sgt John White — even though the Detective Garda in question never held out for immunity.

Section 6 of the Prosecution of Offences Act 1974 makes it unlawful for persons other than defendants or complainants in criminal proceedings, or persons likely to be defendants or their legal or medical advisers, member of their families or social workers to communicate with a member of the Garda Síochána or the Director for the purposes of influencing a decision — including a decision to withdraw or not to initiate criminal proceedings. It is of relevance to point out that Mr. Justice Morris has stated that the documentation from the Gardaí seeking the immunity from the Director was both "logical and proper".

With regard to the investigation itself, in February 1999, the Garda Commissioner established an investigation team under Assistant Commissioner Kevin Carthy to examine allegations made in relation to members of the Garda Síochána in Donegal. A number of investigation files were submitted to the Director of Public Prosecutions — including a file relating to the case to which the Deputy refers. On 13th June 2001 a Detective Garda made a statement to a Chief Superintendent in relation to the planting of a firearm at Burnfoot, Co. Donegal on 22 May 1988. The Detective Garda implicated a Detective Sergeant in the matter. The Chief Superintendent made an operational decision not to arrest the member in question as he was entitled to. He handed the matter over to the Assistant Commissioner and his investigation team.

I am informed that an investigation file was submitted to the Director of Public Prosecutions. It is normal practice for senior Garda officers to consult with the Director of Public Prosecutions in criminal cases and this occurred in this case also. I am informed that the DPP directed that the Detective Sergeant be charged with the unlawful possession of a firearm on 22 May 1998. I am further informed that on 20 June 2001 verbal directions were issued by him granting the Detective Garda immunity from prosecution.

With regard to the question of the lost exhibits I am informed by the Garda authorities that an investigation under the Garda Síochána (Discipline) Regulations is ongoing and another has been completed. Two other members involved in these matters have since retired and are therefore not subject to those Discipline Regulations.