Written answers

Tuesday, 16 October 2007

Department of Justice, Equality and Law Reform

Departmental Correspondence

10:00 pm

Photo of Mary UptonMary Upton (Dublin South Central, Labour)
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Question 536: To ask the Minister for Justice, Equality and Law Reform if the investigations referred to in the reply to Parliamentary Question Nos. 148 and 149 of 24 April 2007 have concluded; when the reports provided to him will be made available; and if he will make a statement on the matter. [23931/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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An investigation in my Department has uncovered no indication that there was any relevant correspondence between my Department and An Garda Síochána and the Department of Education in 1996. My Department has complied with a Discovery Direction dated 26 February, 2004 by the Commission to Inquire into Child Abuse (the Ryan Commission). The Discovery Direction sought documents applying to specific institutions during the period 1936 to 1975. The centre referred to by the Deputy was not one of the institutions listed.

I am informed by the Garda authorities that as a result of further searches they have located two pieces of correspondence from the Department of Education to An Garda Síochána in 1996 enclosing copies of correspondence and accounts of meetings at which allegations regarding the centre referred to by the Deputy were made. I am also informed that allegations made in the correspondence were contained in a statement made to An Garda Síochána in 1994 and were fully investigated. Changes in the boundaries of Garda Divisions since 1996 had impeded the search for this correspondence.

I am informed by the Garda authorities that investigations into allegations made in the matter referred to by the Deputy are ongoing. A large number of additional complainants have been referred to An Garda Síochána. When the investigation is completed an investigation file will be submitted to the Law Officers.

As the Deputy is aware I have no role in the investigation, prosecution or trial of alleged offences. 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 (DPP). The question of whether or not a particular person should be prosecuted and for what criminal offence is the responsibility of the DPP. The DPP, 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. Similarly, the courts are, subject only to the Constitution and the Law, independent in the exercise of their judicial functions and the conduct of any court case is a matter entirely for the presiding Judge.

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