Written answers

Wednesday, 14 February 2007

Department of Justice, Equality and Law Reform

Garda Investigations

10:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 195: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he has received the documents on the case of a person (details supplied); and his view regarding the allegations. [5736/07]

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 206: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the reason he is ignoring evidence in the case of a person (details supplied). [5733/07]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 195 and 206 together.

I note that the information referred to in the details supplied by the Deputy was originally sent to the Office of the Secretary of State for Northern Ireland and was subsequently passed on to the Criminal Investigation Department of the Police Service of Northern Ireland for their attention.

As I previously informed the Deputy, 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 been provided to the Gardaí by the person referred to and this is 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.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 196: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will confirm that the same type of explosive and similar make-up of device wasused in the attempted bomb attack on the Monaghan Sinn Féin Office on 3 March 1997 and the attempted bomb attack on the Widow Scallan's Public House, Dublin, on 21 May 1994; and if he will make a statement on the matter. [5533/07]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that although the same type of explosive was used in both incidents, the devices were not identical in construction.

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