Michael McNamara (Clare, Independent)
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155. To ask the Tánaiste and Minister for Justice and Equality if a full public inquiry, or in the alternative, an investigation conducted by an outside policing agency will be carried out into the killing of a person (details supplied); and if she will make a statement on the matter. [16223/22]

Helen McEntee (Meath East, Fine Gael)
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The Deputy will be aware that a statutory inquiry under section 42 of the Garda Síochána Act 2005 was conducted by former Judge Patrick Clyne into the Garda Síochána investigation relating to the death of Mr Patrick Nugent in 1984.

The Judge completed his inquiry on 31 October 2020 and my Department received his report on 3 November 2020. The advice of the Attorney General was sought regarding next steps, including on the matter of publication of the final report. On 8 October 2021, my officials met with the family of Patrick Nugent to discuss the implications of that legal advice. The purpose of that meeting was to update the family generally as to what steps were being taken and to explain the legal difficulties regarding publication of the final report.

The family were informed that I had provided an unredacted copy of the report to the Garda Commissioner on 9 September to decide what further action, if any, should be taken by An Garda Síochána in the light of the Judge’s findings. The Garda Commissioner has informed me that he has instructed that a fresh investigation be undertaken into the matters which Judge Clyne determined required further investigation.

Insofar as any alternative forms of further inquiry might be considered by me as alternatives to the cold case review being undertaken by the Commissioner, I would note that none of the proposed alternatives would have the criminal investigatory powers of An Garda Síochána.

As previously communicated to the Nugent family, I do not propose to publish Judge Clyne’s report at this time as to do so could potentially prejudice a future prosecution. I am also mindful of the need not to interfere with or otherwise prejudice the cold case investigation which the Garda Commissioner has decided to open.