Pat Rabbitte (Dublin South West, Labour)
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Question 33: To ask the Minister for Defence the circumstances surrounding the deaths of persons (details supplied); if investigations are ongoing; and if he will make a statement on the matter. [32169/06]

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 has been examined in detail in the Department of Defence in conjunction with the Department of Foreign Affairs and the Attorney General's Office.

The Attorney General has 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 Conventions. While this appears an outside possibility, nevertheless, the Minister for Defence has asked the DPP, who would be responsible for pursuing any prosecution, to review the matter. The Office of the DPP has examined all the available evidence in the case and has concluded that he cannot pursue a prosecution against the alleged perpetrator.

The country with primary jurisdiction in this case is Lebanon. At the request of the Minister for Defence, 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.

The Department of Defence and the Department of Foreign Affairs are also in contact with the US authorities, where the alleged perpetrator resides as a naturalised US citizen. The US authorities have been kept apprised of developments in the case.

The Minister for Defence will continue to explore such avenues as may be open to him to seek justice in respect of Privates Barrett and Smallhorne. 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.

The Defence Forces continue to maintain contact with the Barrett and Smallhorne families.