Tom Hayes (Tipperary South, Fine Gael)
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Question 149: To ask the Minister for Justice, Equality and Law Reform if he is satisfied that it was appropriate for a recent documentary (details supplied) on the work of the State pathologist to reference live cases and explore the details of previous cases much to the distress of victims' families; and if he will make a statement on the matter. [9052/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I can inform the Deputy that while my Department was aware that this programme was being made and gave permission for the State Pathologist to participate in it, the actual content of the programme was not within the Department's control and editorial responsibility rests with the programme makers and broadcasters. The Department was assured by the production company that next of kin had been contacted in those instances where individual cases featured, in light of the sensitive nature of the material. In one such instance, and shortly before broadcast, one of the families in question did contact the Department expressing dissatisfaction with the extent to which their concerns had been taken on board by the production company. Our understanding is that there was further subsequent interaction between the company and the family in question with a view to resolving those concerns, but the Department was not a party to those discussions.

While I am not aware that other families were similarly dissatisfied, the Department would very much regret if this was the case. For the sake of completeness, I should add that the decision to facilitate the programme makers in the instant case with access to the State Pathologist was taken some years ago. I do not envisage a programme of this character being facilitated in future.