Joe McHugh (Donegal North East, Fine Gael)
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Question 207: To ask the Minister for Justice, Equality and Law Reform if he will make available the Garda forensic engineer's report on a fatal accident (details supplied); and if he will make a statement on the matter. [5747/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I am informed by the Garda authorities that persons involved in road traffic collisions, their legal advisers or insurers or other interested parties may, on written request, be supplied with an abstract of the police report, copies of statements of witnesses and sketches or maps of the scene. I am further informed that abstract reports will not be supplied if criminal proceedings are contemplated or initiated. In the case of fatal road traffic collisions the abstracts will not be supplied until the inquest concerning the death has been completed by the Coroner.

In the case referred to by the Deputy, the Garda investigation has been completed, and the Director of Public Prosecutions has directed that there should be no prosecution. With regard to an investigation initiated by the Health and Safety Authority, Donegal County Council has taken judicial review proceedings. These proceedings are still pending and a final decision by the Director of Public Prosecutions in respect of this aspect of the case has not been made. It is also understood that the inquest into the death of the person referred to will be re-opened, but no date has been set.