Written answers

Tuesday, 3 October 2006

Department of Justice, Equality and Law Reform

Commissions of Investigation

9:00 pm

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Question 143: To ask the Tánaiste and Minister for Justice, Equality and Law Reform his response to the report of the Birmingham Commission into the Dean Lyons case; the action he has taken or plans to take arising from the report; and if he will make a statement on the matter. [30605/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I published the Report of the Commission of Investigation into the Dean Lyons case on 1 September 2006. I believe the Report, based on the evidence of all relevant witnesses, offers a thorough independent analysis of the facts surrounding the false confession made by Dean Lyons. I am pleased to note that the provisions of the Commissions of Investigation Act 2004 which I availed of in this case have ensured a timely and cost effective investigation without in any way compromising or encroaching on its proper conduct. I am indebted to Mr. Birmingham and his legal and administrative personnel for the thorough manner in which they performed this difficult and sensitive task.

I sent a copy of the report to the Garda Commissioner and at present it is under consideration by him.

I also sent a copy to the Expert Group which I established in the light of concerns arising from the Dean Lyons case. The Group will be reporting to me on the adequacy of Garda training, protocols, regulations and procedures, in assessing the fitness of suspects to be interviewed and on the recording of any bona fide reservations of an individual member of a Garda investigation team as to the truthfulness or accuracy of self-incriminating statements. The Expert Group comprises ex Asst Commissioner Tony Hickey, Mr Charles Smith ex Director of the Central Mental Hospital, a senior official from the DPP's office and a senior civil servant.

I have already stated publicly that I will publish the report of the Expert Group.

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