Dáil Éireann Debate, Thursday - 22 October 2020
3. Deputy Michael McNamara asked the Minister for Justice when she will publish the report of Mr. Justice Clyde pursuant to the section 42 inquiry into the death of Patrick Nugent; and her views on the inordinate and inexplicable delay in publishing the report. [32286/20]
View answerWhen will the Minister publish the report pursuant to the section 42 inquiry into the death of Patrick Nugent at Bunratty? Will she share her views on the inordinate and unacceptable delay in publishing that report? I would also like to ask the Houses of the Oireachtas Service why Mr. Nugent's name was removed from the question. A public inquiry is under way. Why on earth was his name removed from the Dáil Éireann Question Paper? What is going on in this place? Why are questions routinely changed?
I thank the Deputy for raising this issue. I will start by expressing my deepest sympathies to the family, friends and community of Patrick Nugent on their tragic loss. Although this happened more than 36 years ago, I know the pain of losing Patrick will not have diminished in this time and I greatly appreciate deeply the family's desire to understand the circumstances which led to his death.
As the Deputy will be aware, an inquiry under section 42 of the Garda Síochána Act 2005 into the Garda Síochána investigation following Patrick's death in 1984 is being carried out by the former judge, Patrick Clyne. On 16 June 2020, my predecessor as Minister, Deputy Charlie Flanagan, approved a five-month extension of the inquiry to 31 July 2020. This included a retrospective period following a previous extension that had been granted to 29 February 2020. In early August, my Department was advised that while the judge had broadly completed the report, he was not yet in a position to submit it and it was anticipated that it would be the end of September before the completed report was submitted.
We are now in the middle of October. My officials were, therefore, again in contact with the judge this week and he has indicated that he expects to be in a position to send the final report to me in the coming two weeks. I expect to have it within those two weeks. Following receipt of the report, I will consult the Attorney General with a view to providing the report to the Nugent family and publishing a copy on my Department's website as soon as possible.
As to the Deputy's final question, my understanding is that the names of individuals, agencies and groups are often removed to protect their identities. I do not believe anything untoward was intended.
As the Minister pointed out, it has been 36 years since Patrick Nugent died in circumstances that have yet to be explained. It is 33 years since the jury in his inquest attached a rider to the verdict saying that it was "far from satisfied as to the circumstances under which Patrick Nugent sustained the injuries which caused his death" and asked the Minister for Justice to have the matter further investigated. It took 32 years for the Department to do so. The ongoing delays by the former District Court judge carrying out this inquiry can only have compounded the pain and suffering of the family. Justice delayed is justice denied. I accept that the Minister and her Department have contacted the former judge, which I greatly appreciate, but I would like her to tell the House today that no further delay will be accepted and that no further extension will be granted.
I thank the Deputy. All I can say is that I am sorry it has taken this long to get to where we are. I have read through the circumstances myself. This young man was working and, unfortunately, met his death in circumstances that are still unknown. It must be very difficult and challenging for the family. I am sorry it has taken this long to even get to where we are today. Having spoken to the judge, I am confident that, while there have been a number of delays this year for different reasons, we will receive this report in the next two weeks. When I was speaking to him this week, he told me very clearly that the vast majority of the work has been done. I am very confident that we will have the report in the next two weeks.
The investigation itself was established to investigate allegations of Garda misconduct and of inadequacies in the investigations with a view to determining the extent and manner of any further required action. I understand how important this is for the family. I will give an absolute commitment that we will have the report within two weeks.
I thank the Minister and greatly appreciate her assurances. I would also appreciate an assurance that the report will be published. While this is far more important for those who grieve Patrick Nugent, it is also important for the wider community that justice be done and be seen to be done, regardless of who the perpetrators are, the position they hold or the work they carry out in society. I appreciate as well that the Minister will not be able to publish the report immediately, but I would appreciate if it were published in a timely manner.
I confirm that will happen. Once we receive the report, it will be important that the Attorney General be consulted, as well as the family. After that is done, and the family are satisfied that they have received the report, it will then be published and made public.
