Vol. 472 No. 1
235 Mr. M. McDowell asked the Minister for Justice whether she has inquired into representations or communications received by her Department from the Office of the Director of Public Prosecutions concerning the continued presence of Judge Dominic Lynch in the special Criminal Court after his delisting in August 1996; and the dates on which her Department received any such communications. [22675/96]
I refer to my statements in this House both on Thursday, 7 November, and Tuesday, 12 November, and to my replies to questions on 21 November in which I gave information on communications between my officials and the Office of the Director of Public Prosecutions on this matter.
The first phone call from the DPP's office was received in the Department on Wednesday 6 November sometime after 4.30 p.m., as I stated on 12 November. Throughout that evening there were further phone calls between the DPP's office and the Department of Justice, relating to the events of the evening of 6-7 November.
236 Mr. O'Donoghue asked the Minister for Justice the person in her office who received the letters from the Attorney General dated 2 October 1996 and 1 November 1996; the action, if any, this person took on receipt of such letters; and if she will make a statement on the matter. [22748/96]
238 Mr. O'Donoghue asked the Minister for Justice whether the correspondence received by her or her Department in the Judge Dominic Lynch affair was sent by registered mail; and if she will make a statement on the matter. [22758/96]
246 Mr. O'Donoghue asked the Minister for Justice whether, on reading the letter from the Attorney General of 1 November 1996, regarding the delisting of Judge Dominic Lynch from the Special Criminal Court, she became aware that a serious problem had arisen regarding the proper constitutions of the Special Criminal Court; and if she will make a statement on the matter. [22783/96]
248 Mr. O'Donoghue asked the Minister for Justice whether the letters from the Attorney General to her were marked urgent or for her immediate attention; and if not, the person who decided and when it was decided that the matter was of the utmost importance. [22785/96]
257 Mr. O'Donoghue asked the Minister for Justice, in relation the Judge Lynch affair, the reason a letter from the Attorney General on a matter of such importance with implications for the legal system and the security of the State, was not brought to her attention. [22803/96]
258 Mr. O'Donoghue asked the Minister for Justice the reason a letter from the Attorney General dated 1 November 1996, regarding the delisting of Judge Dominic Lynch from the Special Criminal Court did not arrive in her office until 5 November 1996; and if she will make a statement on the matter. [22806/96]
I propose to take Questions Nos. 236, 238, 246, 248, 257 and 258 together.
I refer the Deputy to the report of the inquiry which I established to investigate the failure to inform Judge Lynch of the Government decision of 1 August 1996 to remove him from the Special Criminal Court. This report outlines the sequence of events surrounding this failure. It deals with the receipt of the Attorney General's letters dated 2 October 1996 and dated 1 November 1996 on pages 4 and 7 and I refer the Deputy particularly to those pages of the report.
The letters from the Attorney General were not marked urgent or for immediate attention. Furthermore, none of the correspondence received by me or my Department in this matter was sent by registered mail.
With regard to the response to the Attorney General's letter of 1 November, the report of the inquiry, as I stated in my statement to this House on 20 November, confirms that the actions taken by me on 5 November on receipt of the Attorney General's letter and on 6 November to rectify the failure commenced with my query to an official in the Courts division.
The Attorney General's letter of 1 November was received in my Department on 5 November. As I stated to this House on 21 November I understand that letters issuing from the Office of the Attorney General are, as is the case in most Government Departments, either hand delivered or sent by post. I do not know why the letter dated 1 November was not received in my Department until 5 November but it should perhaps be mentioned that a weekend intervened between these two dates.
237 Mr. O'Donoghue asked the Minister for Justice the point at which the implementation of the Cabinet decision to delist Judge Dominic Lynch broke down. [22751/96]
The failure to implement the Government decision of 1 August 1996 removing Judge Dominic Lynch from the Special Criminal Court was the subject of the inquiry which I established to investigate this matter. The report of that inquiry, which was the subject of statements and a questions and answers session in this House on 20 and 21 November, sets out the sequences of events which led to that failure and I refer the Deputy to that report.
239 Mr. Callely asked the Minister for Justice the progress, if any, made into the inquiry into the confusion and errors regarding the delisting of a judge from the Special Criminal Court. [22762/96]
The report of the inquiry I established to investigate the failure to implements the Government decisions of 1 August 1996 terminating the appointment of Judge Dominic Lynch as a member of the Special Criminal Court was made available to the House and was the subject of statements and a question and answers session in this House on 20 and 21 November 1996.
