Dáil Éireann debate -
Tuesday, 15 Jun 1999

Vol. 506 No. 2

Written Answers. - Recovery of Bodies.

Brendan Howlin

Question:

79 Mr. Howlin asked the Minister for Justice, Equality and Law Reform the progress made to date in the search for the bodies of the nine people murdered by the IRA known as the disappeared; the number of Garda man hours spent on the search to date; if additional steps are being considered to bring the searches to a successful conclusion; and if he will make a statement on the matter. [15357/99]

Ruairí Quinn

Question:

87 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the contacts officials of his Department have had regarding the recovery of the bodies of those believed to have been kidnapped and murdered by paramilitaries in Northern Ireland; the latest information available to his Department regarding the possibility of the recovery of the bodies; and if he will make a statement on the matter. [10096/99]

Trevor Sargent

Question:

91 Mr. Sargent asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the calls of the relatives of the disappeared for the IRA to pinpoint the exact locations of the graves in order to shorten the wait for the families; and if he will make a statement on the matter. [14871/99]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

I propose to take Questions Nos. 79, 87 and 91 together.

The background to the search for the remains of the missing persons in question is as follows.

At its meeting on 29 March 1999, the Government approved the issuing of a statement to the effect that, following indications from Sinn Féin that a genuine effort was being made to locate the graves of missing people, it was prepared to facilitate a process in relation to the locating of the remains through introducing legislation to the effect that evidence resulting from that process could not be used in the prosecution of offences. The British Government indicated that it would also introduce similar legislation. Very shortly afterwards the Provisional IRA issued a statement to the effect that it had succeeded in locating the remains of nine victims.

Detailed discussions took place between officials of my Department and the UK authorities with a view to putting in place a framework for the purpose of locating the remains of victims. This culminated in the signing of an agreement between the two Governments on 27 April. The Criminal Justice (Location of Victims' Remains) Act, 1999, was enacted to provide for the independent international commission, as established under the Agreement between the two Governments, to facilitate the location of the remains of victims of paramilitary violence killed prior to 10 April 1998. The legislation also provides that evidence resulting from the process of locating the remains of victims cannot be used on behalf of the prosecution in criminal cases.

Subsequent to the enactment of this legislation and equivalent legislation in the UK, the Commission for the Location of Victims' Remains was established on 28 May 1999. The Governments appointed Sir Kenneth Bloomfield, the Victims Commissioner in the North, and the former Tánaiste, Mr. John Wilson, who fulfils a similar role in relation to victims in this jurisdiction, to the Commission.

On 28 May 1999, i.e. the same day on which the Commission had been established, Mr. John Wilson, with the consent of Sir Kenneth Bloomfield, issued the following statement:

Intermediaries have contacted the Commission and indicated the location of certain graves. The Commission have given the knowledge of locations to the Garda Síochána. They will secure these sites and proceed with the exhumation. There will be a proper scientific presence. Relatives are being informed and will be treated with the utmost sensitivity. The remains will be transported to Dublin where suitable arrangements will be made for relatives.

Again on 28 May 1999 at approximately 7.30 a.m. the Garda Síochána took possession of a coffin located at Old Faughart graveyard, stated to contain the remains of Mr. Eamonn Molloy who has been missing since 1975. Steps are being taken to verify the identity of the remains and once that process has been completed it will be possible to release the remains to the family for burial.

The gardaí, on 29-30 May, secured a further six locations, which had been identified to the Commission as containing the remains of a further eight missing persons. The six locations are Ballydonnel Brook, Ballynuitagh, Blessington, County Wicklow, Kilmurray, Castleblayney, County Monaghan, Brogan, Carrickroe, Emyvale, County Monaghan, Templeton Beach Car Park, Carlingford, County Louth, Oristown Bog, Kells, County Meath, and Coghalstown, Wilkinstown, Navan, County Meath.

Work is ongoing by the gardaí at each of the six locations. The terrain at all the locations is proving to be a particularly difficult aspect of the search operation. Where possible, the Garda search operations commenced at the point identified as the most likely point where remains would be located. The search areas in these instances have since been considerably widened. Specialised radar equipment has been used to assist in the location of the remains. All resources required to complete this operation successfully, including significant Garda manpower resources, are being utilised. While the cost of the operation is being monitored by the Garda authorities on an ongoing basis, the Government and the Garda authorities remain fully committed to doing everything possible to recover the remains of the missing persons and return them to their respective families and, accordingly, the searches are being continued.

To date, no remains have been located at any of the six locations mentioned. The reality is that the level of success in locating the remains of the persons in question is dependent on the information which has been made available. While there is no reason to doubt that everyone participating in this process is acting in good faith and while also acknowledging the undoubted difficulties in pinpointing locations 20-25 years later on, I am, of course, also very well aware of the distress and trauma being caused to the families and relatives of these persons arising from the prolonged searches. I can say that the gardaí are maintaining close contact with families in all cases and keeping them informed of the situations. The Garda authorities have also been maintaining close contact with the Commission for the Location of Victims' Remains to ensure that they exploit to the full whatever information is available to assist in the location of the remains of the missing persons and will continue to fully investigate any information given to them by the Independent Commission in an effort to bring this sorry affair to an end.