asked the Minister for Foreign Affairs if he has raised the recent decision not to prosecute in the Aidan McAnespie case in the Anglo-Irish Conference; and if he will make a statement on the matter taking into account the Garda inquiry initiated by the Government.
Ceisteanna—Questions. Oral Answers. - McAnespie Case.
50.
On 26 September, the Government issued a statement which expressed their concern about the decision not to prosecute Guardsman Holden. The Government, inter alia, pointed to the effect that this decision would have on public confidence in the rule of law in Northern Ireland, coming as it did in the wake of the decision the previous January that certain members of the RUC would not be prosecuted for criminal offences in the public interest.
The Government immediately instituted inquiries through the Anglo-Irish Secretariat as to the circumstances surrounding this decision. The British Authorities subsequently indicated that the decision was taken by the Director of Public Prosecutions on the basis that in his judgment there was an insufficiency of evidence to sustain a charge of manslaughter against Guardsman Holden.
The Government continue to be concerned about the circumstances which surrounded the killing of Mr. McAnespie and considers that public confidence in the administration of justice in Northern Ireland can only be developed if there is the fullest possible airing of the circumstances surrounding such controversial incidents involving the security forces.
Has the Garda inquiry into the McAnespie case which was conducted on the initiative of the Irish Government borne out the finding that there was an insufficiency of evidence to prosecute?
I would refer the Deputy to a reply I gave as Minister for Justice to a parliamentary question on 19 May last. The Deputy will be aware that the Garda inquiry was conducted on the basis that the wishes of witnesses to have their statements and identity treated as confidential would be respected. For that reason the report of the inquiry will not be made available to anybody other than the Government. The question as to whether the main findings of the Garda report will be made public without disclosing the identity of any person who gave evidence, or the contents of any statement received, is a matter which is under consideration. It is not as easy as one might imagine to convey the substance of sensitive information of the type involved in this case while at the same time fully protecting the identity of its authors.
On the basis of the Minister's knowledge of the finding of the Garda inquiry, do the Government accept that there was an insufficiency of evidence to prosecute in this case? Do the Government share the opinion of the court?
I have nothing further to add to the question raised by Deputy Kennedy to the Minister for Foreign Affairs.
Does the House agree to deal with the remaining Priority Question in the name of Deputy Peter Barry? Agreed.
I cannot find the reply to Question No. 52.
I seek to raise on the Adjournment——
Let us not disrupt questions.
On a point of order in relation to Question Time——
(Interruptions.)
It is not in order. I will hear Deputy Farrelly.
I seek to raise on the Adjournment the serious breach of confidentiality arising from private information being given by a Government Department to a Fianna Fail TD prior to Question Time.
The Deputy should have raised that matter earlier with me.
I did not know about it.
Does Deputy Brian Cowen wish to intercede on a point of order?
On a point of order, to assist the Chair——
I did not know about it, a Cheann Comhairle.
My office will assist you if they can.
To assist the Chair in the matter, I was here during Question Time and as I understand it, Deputy Barry's Question No. 52 was taken with Questions Nos. 12, 13, 33 and 35.
No, Question No. 50 was taken. I am calling Question No. 52.
I apologise, I am trying to find it.
Sorry, Minister. I am not hurrying you.
Will the matter I raised be considered for the Adjournment?
I will communicate with the Deputy.
I wish to raise on the Adjournment the Minister for Education's failure to finalise the teacher allocation for Tipperary North Riding VEC and her failure to sanction the appointment for four teachers in Roscrea vocational school whose posts are in dispute since September 1987. The Minister's indecision and fumbling has led to strike action and closure of the school today while all teachers picket Leinster House.
I will communicate with the Deputy.