Written answers

Tuesday, 28 April 2015

Department of Justice and Equality

Departmental Reports

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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202. To ask the Minister for Justice and Equality the reason for a delay of almost six months in publishing a report regarding the investigation into the death of a person (details supplied); and if she will make a statement on the matter. [16189/15]

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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203. To ask the Minister for Justice and Equality her views on the establishment of a commission of investigation into the circumstances surrounding the death of a person (details supplied); and if she will make a statement on the matter. [16190/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 202 and 203 together.

As the Deputy will be aware, Mr. Dominic McGinn, Senior Counsel, was appointed to carry out an independent examination of the report of the Serious Crime Review Team (SCRT) relating to the Garda investigation into the death of Fr. Niall Molloy.

On receipt of the report prepared by Mr McGinn I referred it to the Attorney General for consideration and advice. This was a proper and necessary step in light of the subject matter and having regard to the rights of persons referred to in the report. I appreciate of course the concerns that Father Molloy's family have expressed about the length of time taken to publish the Report, but I had a responsibility to ensure that these matters were properly considered including any legal issues which might arise. Mr McGinn's report was subsequently published with a number of redactions which were made for legal reasons following consultation with the Attorney General and in agreement with Mr. McGinn. I can assure the Deputy that the question of the report's publication received active attention at all times and that I published it as soon as it was possible to do so.

The thrust of Mr. McGinn's report has been to shed light on as many issues as possible in order to minimise the number of unanswered questions regarding the case. While unanswered questions do remain, the report concludes that the precise events surrounding Father Molloy’s death cannot now be ascertained. It concludes that, given the passage of time, the death of many of the pertinent witnesses, and the reluctance of others to give evidence, that it is unlikely any further inquiry would have a reasonable prospect of establishing the truth. In these circumstances I have accepted the report's recommendation that examination by a further inquiry would not be warranted.

The Deputy will also recall that the Garda SCRT Review had earlier been submitted to the Director of Public Prosecutions who advised that there be no further prosecution in relation to the case.

I acknowledge that this is not the outcome that Fr Molloy's family have sought but I hope that putting this amount of information into the public domain regarding the case will be of benefit. I have indicated to family representatives that I am available to meet with them should they so wish.

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