Billy Timmins (Wicklow, Fine Gael)
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Question 138: To ask the Minister for Defence the contact he has had with the US authorities with regard to a matter (details supplied); and if he will make a statement on the matter. [23737/08]

Willie O'Dea (Limerick East, Fianna Fail)
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The matter to which the deputy is referring is the case of the killing of Privates Thomas Barrett and Derek Smallhorne, while serving with the United Nations Interim Force in Lebanon (UNIFIL) in 1980 and the efforts to bring the alleged perpetrator of the crime to justice.

The question of the measures open to the Irish Authorities to bring the alleged perpetrator of this crime to justice have been examined in detail in the Department of Defence in conjunction with the Department of Foreign Affairs, the Attorney General's Office and the Office of the Director of Public Prosecutions (DPP).

The Attorney General has advised that there are no provisions in Irish law which provide a basis for Ireland to pursue a prosecution against the alleged perpetrator. The Office of the DPP also examined all the available evidence in the case and concluded that he cannot pursue a prosecution against the alleged perpetrator.

While the country with primary jurisdiction in this case is Lebanon, the Department of Defence and the Department of Foreign Affairs are also in contact with the US authorities, where the alleged perpetrator resides as a naturalised US citizen. The US authorities are investigating the circumstances surrounding the deaths of Privates Barrett and Smallhorne to see if there is sufficient evidence which may enable them to take a case against the alleged perpetrator.

I can assure the House that this matter has not been forgotten and that we are continuing with our very best efforts in this case. It has been over 25 years since this tragic event happened and I will continue to actively pursue the matter so that the families concerned can get the justice they deserve.