All the available facts surrounding this case have been outlined to this House by me on several occasions over the past year or so and are in the public domain.
As I said in the House on 1 April 1999, I decided at the time that official level inquiries should proceed, conducted in such a way as not to jeopardise the upcoming judicial review proceedings. An inquiry was instituted by the Chief Justice which resulted in a report forwarded by the Chief Justice to the Attorney General who passed a copy to me. A departmental inquiry was carried out into the involvement, if any, of officials in this matter and a report was provided to me. The Chief State Solicitor's Office carried out an internal inquiry.
The Government approved the release of the Hamilton report to the Joint Oireachtas Committee on Justice, Equality, Defence and Women's Rights. My Department also forwarded a copy of the departmental report to that committee. I have also explained to the House that, on the basis of various contacts which took place at the time, the DPP was of the view that a criminal investigation would, in all the circumstances, be premature and that view was shared by the Garda authorities.
Since that time, the outcome of the investigations I have mentioned have not only been in the public domain but have also been available to the Garda authorities and the DPP. It is a matter for the Garda authorities to decide in any case whether, on the basis of the facts and information available to them, there ought to be a criminal investigation. It is a matter for the DPP to decide, on the basis of any Garda investigation file that may be presented to him, whether anyone should be the subject of a criminal prosecution. The Minister for Justice, Equality and Law Reform has no role nor can he or she intervene in that process and the Deputy will agree that this is as it should be.
The position in this case, as in any other case, is that if any specific allegation of criminal conduct is made to the Garda authorities and if the person making the allegation can provide the Garda with a credible basis for making that allegation, the matter will be investigated. It is my understanding that to date no such allegation has been made.