Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 162: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he received documentation on the case of a person (details supplied) and the allegations of forgery; and if he will make a statement on the matter. [36116/06]

Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 163: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the situation regarding a person (details supplied) in County Donegal; and if he will clarify his complaint on the matter. [36203/06]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

I propose to take Questions Nos. 162 and 163 together.

I am informed by the Garda authorities that an investigation was conducted by An Garda Síochána into the incident referred to which concluded that no crime of forgery had been committed in this jurisdiction. The matter was reviewed in 1997 and 2003 when the investigation file was submitted to the Law Officers, who directed no prosecution in the matter.

Further documentation has recently been provided to Gardaí by the person referred to and this is currently being examined.

As the Deputy will be aware I have no role in the investigation or prosecution of cases. This is a long standing principle of our system of justice. The role of the Gardaí is to investigate alleged offences, to gather whatever evidence may be available and to submit a report to the Director of Public Prosecutions. The question of whether or not a particular person should be prosecuted and for what criminal offence is the responsibility of the DPP. The Director, who is independent in the performance of his functions, makes his decision on the basis of the Garda findings viewed against the background of common and/or statute law. In the circumstances it would, therefore, be inappropriate for me to comment further on the case.