Pat Rabbitte (Dublin South West, Labour)
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Question 143: To ask the Minister for Justice, Equality and Law Reform if he has received the report of the Hartnett inquiry into the death of a person (details supplied); the reason the report has not been published; if it is intended to publish the report in full; and if he will make a statement on the matter. [8961/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I received the report of Mr Hugh Hartnett SC into the arrest, detention and treatment of Brian Rossiter and the subsequent investigation of his death. I referred the report to the Attorney General for advice in relation to its publication. His advice was that there were legal impediments to publication of the full report.

However, he also advised that more limited forms of disclosure were possible and I have acted on the basis of that advice. I made a copy of the full report available, subject to conditions of confidentiality, to the Cork city Coroner, who is conducting an inquest at present, and to those members of the Garda Síochána whose conduct was the subject of investigation under the terms of Mr Hartnett's warrant of appointment. In addition I have made voluntary discovery of the full report to the family's legal representatives within the context of ongoing legal proceedings. I also gave a copy of the full report to the Garda Commissioner and the Director of Public Prosecutions.

In so far as wider publication is concerned, I am in the process of preparing a summary of the report which I intend to publish shortly. The summary will include all of the report's findings and conclusions on each item of Mr Hartnett's terms of reference together with comprehensive information on the reasons for those findings.