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Garda Investigations

Dáil Éireann Debate, Thursday - 27 February 2014

Thursday, 27 February 2014

Questions (40, 41)

Niall Collins

Question:

40. Deputy Niall Collins asked the Minister for Justice and Equality if he will provide an update on the senior counsel investigation into the serious crimes review team report into the death of Fr. Niall Molloy; the timeframe for completion of same; the process following its completion; and if he will make a statement on the matter. [9581/14]

View answer

Mick Wallace

Question:

41. Deputy Mick Wallace asked the Minister for Justice and Equality the reason he chose a review of the cold case file into the murder of Fr. Niall Molloy by a senior counsel, rather than an independent public inquiry; and if he will make a statement on the matter. [9718/14]

View answer

Written answers

I propose to take Questions Nos. 40 and 41 together.

Following completion of the necessary practical arrangements, Mr. Dominic McGinn, Senior Counsel, has been formally appointed, with effect from 11 February 2014, to carry out the proposed independent examination of the report of the Serious Crime Review Team relating to the Garda investigation into the death of Fr. Niall Molloy. While Mr. McGinn's terms of reference require that he complete this examination as soon as possible, it is not possible to provide a precise timescale in this regard.

Insofar as the nature of this review is concerned, I have previously outlined that it is intended that the review would serve two functions.

In the first instance, and in accordance with his terms of reference, Mr. McGinn will prepare a report on any issues of public interest which may arise from the report of the Serious Crime Review Team, with due regard to the rights of those involved, so as to facilitate his report being put into the public domain.

Secondly, and insofar as the question of any further inquiry is concerned, the position is that Mr.McGinn's terms of reference require that, taking into account existing mechanisms for the investigation of offences, he identify matters, if any, of significant public interest or concern which would warrant examination by a further inquiry and in respect of which such further inquiry would have a reasonable prospect of establishing the truth. Proceeding to establish a further inquiry at this point would pre-empt this independent assessment.

My immediate priority is to allow the Senior Counsel to carry out his examination so that the maximum amount of information can be put into the public domain at the earliest possible date, at which point I will also give full consideration to the outcome of the examination concerning any further inquiry.

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