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Dáil Éireann debate -
Thursday, 27 Feb 1997

Vol. 475 No. 6

Other Questions. - Garda Investigation.

John O'Donoghue

Question:

4 Mr. O'Donoghue asked the Minister for Justice if she has satisfied herself with the progress in the case of a person (details supplied); and if she will make a statement on the matter. [5551/97]

It is not the practice for the Minister for Justice to make statements to the House about the progress of individual Garda investigations, except in singular instances where the circumstances of an investigation are so exceptional that such a course is deemed appropriate. All I propose to say in this case is that I have been informed by the Garda authorities that the investigation is ongoing and no effort will be spared to bring the matter to a conclusion.

Does the Minister consider it exceptional that an individual admitted to The Kerryman and The Sunday Times that he committed the offence in question but has not been charged with it by the authorities?

I know the Garda Síochána follow up any such information. I am not running the investigation of this case nor am I accountable for what somebody might say in The Kerryman newspaper, not even the Deputy.

I wish I could be as frivolous about this serious matter.

I am not being frivolous.

Will the Minister confirm in our law there is no system of immunity from prosecution and there has been no question of immunity from prosecution in this matter? Will she further confirm that the individual who admitted responsibility for this offence will be questioned by the Garda Síochána?

There is a system operated by the DPP for people to be given immunity. I do not have any power to give immunity from prosecution for any offence. The Deputy can give me the names of anybody whom he thinks should be brought to the attention of the Garda Síochána and I will pass them on. I assure him, however, there are ongoing intensive investigations into this awful murder and any tiny bit of information which comes the way of the Garda is diligently and scrupulously followed up. If somebody admitted to a newspaper that he or she committed this murder, the Deputy can be assured the Garda has followed it up.

Does legislation exist to provide for immunity and, if so, will the Minister specify it? Is it the norm for people who publicly admit to very serious offences of this nature to receive visas to travel abroad? Was the Government involved in encouraging the grant of that visa? That would be entirely against the concept of the administration of justice in this State. The position in this State is that if an individual admits to such an offence the rule of law applies. The rule of law applies to everybody; will it be applied in this case and, if not, why?

I am at a bit of a loss because the question was very general and asked about progress in the case of a particular murder. It was not a question about guilt or immunity. I do not have the back-up here which I need to answer those questions. The Deputy could table a separate question on the matter, to which he probably knows the answer. I do not know about the specific legislation, immunity, visas or the details of the person to whom the Deputy referred because they were not included in the question. If the Deputy asks me to seek that information I will do so, but I do not have that specific information here.

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