Joe Costello (Dublin Central, Labour)
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Question 245: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will honour his commitment to pay the cost of independent forensic tests in the case of a person (details supplied); and if he will make a statement on the matter. [10128/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I wish to state at the outset that at no time was a commitment made by me to pay the costs of independent forensic tests in this case. My understanding is that agreement was reached under the auspices of the Coroner between the Garda Síochána, the Forensic Science Laboratory and solicitors for the Wheelock family to allow experts appointed by the Wheelock family to attend the Laboratory and carry out an examination of certain exhibits. A Coroner's Inquest is an independent inquisitorial process and it would have been wholly improper for me to attempt to play any role in this agreement. Consequently the agreement did not represent an implicit undertaking on the part of State to pay for the independent analysis.

However, I did offer the family an ex gratia payment for their representation as a unit at the Inquest. That offer of legal assistance was to cover costs relating to the provision of oral and written legal advice, along with representation by a solicitor or barrister at the Inquest. The offer was expressed to be subject to the then maximum Government approved rates for representation at Tribunals of Inquiry — i.e. €800 per day for a solicitor, €744 per day for a junior counsel or €1116 per day for a senior counsel.

When the issue of payment for independent forensic analysis was raised with me by the family solicitors I gave the matter due consideration. Unlike a criminal trial an Inquest is not an adversarial process. The person who decides who gives evidence is the Coroner. I ascertained from the Coroner that he had not directed that an independent forensic analysis be commissioned and that evidence of a third party expert would not be admissible at the Inquest.

Given the nature of the process and the fact that there is already independent evidence available to the Coroner, I was not prepared to meet the costs relating to the engagement of independent experts to facilitate forensic examination where the only purpose would be to act as private advisors to Counsel as distinct from giving evidence. This decision was conveyed to the family's solicitor on the 1 August 2006.