Dáil Éireann díospóireacht -
Wednesday, 30 Nov 2005

Vol. 611 No. 2

Commissions of Investigation: Motion (Resumed).

Debate resumed on the following motion:

That Dáil Éireann,

—bearing in mind the specific matters considered by the Government to be of significant public concern arising from the making of a confession by Dean Lyons (deceased) about the deaths of Mary Callinan and Sylvia Shiels in March 1997 in Grangegorman, Dublin 7;

—noting that it is the opinion of the Government that a commission of investigation represents the best method of addressing the issues involved;

—further noting that a draft order proposed to be made by the Government under the Commissions of Investigation Act 2004 (No. 23 of 2004) has been duly laid before Dáil Éireann in respect of the foregoing matters referred to, together with a statement of reasons for establishing a commission under that Act;

approves the draft Commission of Investigation (Dean Lyons Case) Order 2005.

—(Minister for Justice, Equality and Law Reform).

Mr. Costello

I welcome the Minister and the proposal for a commission of investigation into the Dean Lyons case. At the outset I stated my intent to table an amendment to the order and the terms of reference laid out by the Minister. The amendment would extend the order beyond "arising from the making of a confession made by Dean Lyons (deceased)" to include the arrest and detention. It would read: "A commission is hereby established to (a) investigate ... matters relating to and arising from the arrest, detention and the making of a confession by Dean Lyons about the deaths of Mary Callinan and Sylvia Shields in March 1997 in Grangegorman." The reason for this is so the matters to be investigated are not solely related to the confession of Dean Lyons but extend to his arrest and detention. The Ceann Comhairle ruled this amendment out of order, stating:

I regret that I must disallow the amendment tabled by you to the above-mentioned motion on the ground that it is only within the competence of the Dáil to "approve" or "reject" the motion and therefore it has been the practice to regard such motions as not being open to amendment. I would like to refer you to ruling No. 516 of the Salient Rulings of the Chair, Second Edition, of 2002, which states: "In relation to motions approving a draft Order, the Chair rules amendments inadmissible where there is no provision in the governing Act for such amendment."

Two issues are at stake here. One is the order itself and the other is the terms of reference flowing from it. What is being spoken about here regards new legislation and there is no reason there should not be an amendment to what is proposed as a draft order and terms of reference. The Minister recognises that it should be possible to amend the terms of reference from what they are currently, as proposed by him today.

I am disappointed this is the case as I would like to have entered the debate at an earlier stage and presented the amendment so that it could be part of the discussion. We could then examine the debate in this context. What is important is that we get the process correct at this stage. The last thing I wish to see is the order and terms of reference being such that we cannot have a proper investigation. The person who has been appointed, George Bermingham, has a good reputation, but nobody can operate outside the terms of reference. It is important to examine the order and the terms of reference. I would have liked the terms of the order amended further than is proposed by the Minister, who proposed that the commission shall investigate "matters relating to and surrounding the making of a confession". The wording I propose is more specific and would change to order to read "the arrest and detention of and making of a confession". In his speech, the Minister referred to the draft terms of reference, which it is proposed would read:

the circumstances surrounding the making of a confession . . .

the adequacy of the Garda assessment of the reliability of Mr. Lyons's confession, both before and after he was charged with murder, and

the adequacy of information provided by the Garda Síochána on the morning of 27 July1997 . . .

The adequacy of the Garda investigation is the crucial point in the establishment of the commission of investigation. We are beating around the bush. To get to the core of the matter, the central term of reference should be the adequacy of the Garda investigation. I hope the Minister will take a fresh look at the terms of reference. He should make them comprehensive so that the commission has sufficiently wide parameters to ensure we do not end up with a lame duck report. Otherwise, matters which should have been investigated might not be investigated because the wording is so formulated that it is not sufficiently robust or comprehensive to allow the commissioner to carry out his work.

Everybody would agree that the Lyons case is one of the most bizarre murder investigations in the history of the State. Two women living in sheltered accommodation at Grangegorman in my constituency were brutally murdered in March 1997. Four months later a young, vulnerable man, Dean Lyons, was arrested, confessed to the murder and was charged. A month later, Mark Nash, a man who was already in custody in connection with other violent killings, also confessed to the murders and included in his statement details that could only have been known to the perpetrator. With two confessions to the same murder, the Garda had an embarrassing 200% success rate for a crime that required only100%. Therefore, the charges against Dean Lyons were quietly dropped. However, inexplicably, Mark Nash was never charged with the murder despite his confession.

The Minister for Justice, Equality and Law Reform and his predecessor in office refused all calls from the families of the dead women, Dean Lyons's family, the Labour Party and others for a full public inquiry into what was clearly a miscarriage of justice in the case of Dean Lyons and a failure to achieve a conviction in the case of the murdered women, which would have provided some form of closure on the terrible events for all the families involved. Since his appointment, the Minister has parroted stock replies to parliamentary questions along the lines "I am informed that the Garda investigation into this matter is ongoing". The most recent reply of that nature came in December 2004.

The calls for an inquiry were refused. However, a Garda investigation could not be ongoing forever and the miscarriage of justice was too obvious. Demands made by the legal representatives of the sister of one of the murder victims for an independent inquiry under the European Convention on Human Rights, which Ireland had signed up to at the end of 2003, helped to focus the Minister's mind and forced him to consult the Attorney General's office. Consequently, Mr. Shane Murphy SC was appointed to conduct a review of the circumstances surrounding the investigation. He recommended a full independent inquiry under the new Commissions of Investigation Act 2004, with power to examine witnesses under oath.

The Minister refused to publish the Murphy report as he had earlier refused to publish the internal Garda investigation. Now, after eight years, the Minister is belatedly and reluctantly acting on the recommendations of the Murphy report and doing what has been asked of him for many years. It is not good enough to state, as the Minister stated earlier, that this is a matter of significant public concern — of course it is, as well as having implications for public life. The Minister also stated: "I am convinced, however, that unless we do our utmost to get to the bottom of this controversy, it will simply continue to fester as an indictment of our criminal justice system." After eight years, the light is dawning. We tried to raise this matter and deal with it before and since the Minister came into office. The Minister has been dragged, kicking and screaming, into doing the decent thing for the families involved.

It is important to introduce correct terms of reference for the commission because these will determine the parameters of the work of the commissioner, Mr. Birmingham. It is important that the terms are adequate to enable him to fulfil the task allotted. I ask the Minister to accept my amendment in the spirit in which it is offered. It would strengthen the legislation to broaden the terms of reference to cover all aspects of the investigation, in particular the arrest and detention of Mr. Lyons, as well as his confession.

Mr. F. McGrath

I wish to share time with Deputy Boyle.

An Leas-Cheann Comhairle

Is that agreed? Agreed.

Mr. F. McGrath

I thank the Leas-Cheann Comhairle for the opportunity to speak on the important issue of the confession of Dean Lyons and the broader issue of truth and justice in our State. This was an horrific case. To all the victims directly or indirectly connected to the case, I express my deepest sympathy for their loss and pain. When one considers the facts and details of the miscarriage of justice, I wonder if we have learned from the cases of the Sallins train robbery, the Birmingham Six or the Guildford Four.

At the core of this case is the issue of quality policing and the urgent need to get our policing and justice systems right. As a member of the Joint Committee on Justice, Equality, Defence and Women's Rights, I actively pursue these issues. The Dean Lyons case is one that must be dealt with. I compliment my Independent colleague, Deputy Gregory, for being one of the first to highlight this case. One of the main reasons the commission of investigation is being established is as a result of Deputy Gregory's work and perseverance on this case. I commend his efforts.

When a case like the Dean Lyons case arises, there is an onus on all Members of the Oireachtas to support the investigation and stand up and be counted in the interests of truth and justice. Corruption in any quarter cannot be tolerated, whether it is in the Garda or, as suggested today in the media, in politics. It is a scandal and a disgrace. Sleaze and corruption damages us all. "You're all the same" syndrome is everywhere. I am sick to the teeth of getting it in the neck from voters, particularly the disillusioned, on this issue. Corrupt politicians have damaged politics in this country — that is the reality.

There must be a thorough investigation of what went radically wrong in the case of Dean Lyons, and it must be carried out in a professional and objective manner. I would welcome that type of serious investigation, which should be welcomed by all Members of the Oireachtas. That is why a red light goes on in my head when I see the Minister for Justice, Equality and Law Reform and other elements trying to undermine great groups like the Centre for Public Inquiry, funded by the great Irish-American Chuck Feeney. Do the Minister and these elements condone or understand white collar crime? Why would a Minister for Justice, Equality and Law Reform become directly involved in a whispering campaign to undermine a top-class group such as the Centre for Public Inquiry? Surely the Minister should welcome its great work in cleaning up Irish politics. I challenge the Minister on this issue. We must root out corruption in the Garda Síochána, and in all walks of life, especially politics. Why did it take so long to set up this investigation? Deputy Gregory pushed this issue many times but received no real response. Thankfully, the Minister has listened.

There are many other such cases, however, some genuine, some not, but action must be taken to ensure that all citizens are safe and secure, and that their human rights are protected. These are the issues in this case and every effort must be made to ensure that a citizen's rights are at the top of the political and policing agenda.

An example of such cases is that in England of Christy McGrath, the jockey from Carrick-on-Suir who is serving a life sentence for a crime I am convinced he did not commit. I agree with Richard Guest, winner of the 2001 Grand National who said "until my dying day I will not believe that Christy is responsible for this man's death". I urge the Minister for Justice, Equality and Law Reform to work with the Minister for Foreign Affairs on this case.

I welcome the commission of investigation into the Dean Lyons case. Once again, I offer my sincerest sympathy to all the victims concerned.

Mr. Boyle

I wish to share time with Deputy Crowe.

There is general agreement in this House that it is necessary to arrive at the truth of this case. I share Deputy Costello's concern that the Dáil is limited in altering the terms of reference put before it. While the terms are general and deal with most of the issues to be uncovered, there are other issues about which the House and society need to be better informed. The Minister might take that into account when putting the formal terms of reference before the House.

I have reservations about the failure of the Garda Síochána to complete this investigation and find the person who committed these vile murders. That repeats a pattern of miscarriage of justice throughout our recent history. It seems that when the State tries to establish the truth of certain matters some members of the Garda Síochána would prefer not to allow the appalling vista to be revealed. Instead, those originally named carry the implication of guilt. We still do not know what happened in the Kerry babies case, or the Sallins mail robbery.

Establishing a commission that will not resolve that level of implication perpetuates a miscarriage of justice. I appeal to the Minister when putting together the formal terms of reference, to dispel those clouds of ambiguity.

We should not deal with these issues on a piecemeal, case by case, basis. Other speakers have already said we need a police complaints procedure that commands public confidence. We on this side of the House do not believe the complaints structure presented by the Minister and included in legislation will adequately address this problem. The House wants to ensure this commission is allowed to do its job properly and uncovers the truth we need to hear and that this will be acted upon. It might be a template for future commissions on future miscarriages of justice, and inspire confidence among the Members of this House and those we represent.

Mr. Crowe

I welcome the establishment of the inquiry into this tragic case involving a tragic individual. Tragedy has surrounded the entire case. The case of Dean Lyons is one illustration of the consequences of having a police force that is a law unto itself and has suffered from a history of corruption and impunity. It is essential for the stability of the Garda Síochána and for the survival of public confidence in it that this Government holds to account all involved in the apparent set up of Dean Lyons.

Sadly, Mr. Lyons will not see the outcome of any investigation into wrongdoing against him perpetrated by this State. The Minister must ensure that any commission of investigation established to examine the case can ask the right questions. The briefing note suggests that the commission of investigation may not ask the crucial questions. This was true too of the inquiry into Brian Rossiter's death. The solicitor representing the Rossiter family has complained that the inquiry will not answer the question of whether Brian Rossiter was killed, and if so, by whom.

Likewise, the commission of investigation into the Dean Lyons case may not ask the question whether he was set up and if so by whom. Rather than investigate which garda or gardaí made up the confession and how they came to do this, the Minister indicated that the commission will focus on the circumstances arising from the making of a confession and the inadequacy of the Garda assessment of the reliability of Mr. Lyons's confession. I appreciate that the exact terms of reference of the commission of investigation will not be confirmed until the order establishing it has been passed. However, in light of the Minister's track record of establishing inquiries it is crucial to insist that the inquiry into the Dean Lyons case be comprehensive, held in public and have the power to ask the questions that matter.

If the expert group is to be of any use its terms of reference must also be broad enough to investigate acts of Garda corruption. The Minister also indicated that he intends to publish the reports of the commission and expert group once produced. I call on him to offer a guarantee in his closing remarks that these reports will be published.

I take this opportunity to demand a full public inquiry into the death of young John Maloney who died within minutes of leaving Garda custody in Rathfarnham in 2003 and Terence Wheelock who, like Brian Rossiter fell into a coma while in Garda custody last June.

Dr. Cowley

I am glad to have the opportunity to speak on this important order and I welcome this long overdue inquiry. Credit is due to the Minister for enabling it to be set up on his watch. We are all aware of miscarriages of justice. There was one in my area whereby five brave men spent 94 days in jail for trying to live safely in their own homes.

There are good and bad gardaí, as in every walk of life there are those who are a discredit to their profession or trade. There are many good gardaí and most gardaí do an excellent job despite lack of resources. We are aware, however, of the continuing saga of the McBrearty family in Donegal.

There needs to be balance in finding the rotten apples in the barrel which unfortunately taint the many others who do a good job for years. This applies in all professions, whether medical, police or clerical. Last night I heard of an old frail priest, who had spent his life ministering to immigrant populations in England, being accosted by people in a train who accused him of the deeds committed by the priests examined in the Ferns Inquiry. Systems are needed to root out the rotten apples.

I was approached by a woman from Donegal, Susan Gray, in regard to the death of her husband, a taxi driver, Stephen Gray. On St. Stephen's night last year he was mowed down by a man who had been seen in two public houses and a disco yet had not been breathlysed. One has to ask why not.

The Minister said today that the DPP does not have to disclose why he decides not to prosecute. The man involved in the death of Stephen Gray was not prosecuted. There is something missing. I wrote to the DPP about this case, asking why this man was not even charged with dangerous driving. Someone had warned Stephen Gray there was a car coming.

Unfortunately, this driver got away with only a charge of not having a supervised driver with him when displaying L-plates. No one can question what occurred. The lady in question approached me and I, in turn, wrote to the Office of the Director of Public Prosecutions. The Office of the Director of Public Prosecutions informed me it could not disclose any facts to me but would write to the lady in question. When she received the letter from the Office of the Director of Public Prosecutions, she was informed no information would be disclosed to her as it was the director's prerogative to do so.

It is the same question in the Dean Lyons case where the same element is missing. What happened when the Garda file was sent to the DPP? In the Dean Lyons case, his confession contained information that only the murderer or investigating officers would have known. There is something very wrong that this could be in the confession of Dean Lyons when he was innocent. The blame certainly lies with the Garda. This is included in the terms of reference of the order.

In the Minister's speech, he referred to statutes in place ready to enact a Garda ombudsman commission, which must be welcomed. However, in the case of Susan Gray, and her husband Stephen Gray, she took a private prosecution. Unfortunately, a summons was issued against her. This woman was not aware that this case was going on and it was not even on the court list. The case was struck out against the man involved. This poor lady has received a District Court conviction and order against her. She was ordered to:

pay to the Defendant . . . witness expenses in the sum of €600.00 with costs in the sum of €250.00 to include VAT and outlay making in all the total sum of €850.00 to be paid within 90 days and in default of payment, the Complainant Susan Gray of . . . Culdaff, Co. Donegal [to] be imprisoned in Mountjoy Prison, Dublin for the period of 10 days.

This case was not even on the court list.

An Ceann Comhairle

We are going well outside the scope of the motion before the House. If this is a case that is still before the courts, it should not be mentioned in the House at all.

Dr. Cowley

It was struck out by the courts, so it is done and dusted as far as the State is concerned. However, this case highlights the difficulty that there is no recourse for this woman——

An Ceann Comhairle

I suggest the Deputy comes back to the motion before us which is specific in dealing with a particular case.

Dr. Cowley

I hope the Minister for Justice, Equality and Law Reform will examine the case to which I referred. It cries out for justice yet there is no remedy available to those involved.

We all hope that when people must depend on the State, it will do all that can be done. However, problems have emerged. For instance, there is the terrible situation where people in rural Ireland live in fear for their lives because of marauding criminals. Promises have been made for extra gardaí but still no resources have been put in place in rural areas. The fabric of rural Ireland is being run down because the right to have protection from marauding criminals is not being upheld. It is an essential service for a rural area along with having a doctor, school and post office.

Who will stay in an area where there is no doctor or protection from marauding criminals? As Garda numbers are finite, gardaí deployments have been mainly to urban centres at the expense of rural areas. Some rural areas that have been traditionally crime-free are now deprived of these resources, creating a haven for criminals. Many older people live in fear because the promise of 2,000 extra gardaí has not materialised. Existing gardaí are being sucked into the larger urban centres. While in the tragic case of Dean Lyons, the ladies were in sheltered housing, they were still not safe.

It would be much better for the Minister to concentrate on supporting people in rural areas. That entails that essential services are not removed from rural areas. I support the Minister's establishment of this commission but it is certainly not before time.

Mr. F. McGrath

Hear, hear.

Minister for Justice, Equality and Law Reform (Mr. McDowell)

I move amendment No. 1:

That the second draft order be agreed to.

When I moved the motion this morning, I subsequently indicated that I proposed to table a revised draft order by substituting in paragraph 3(a) the words "relating to and surrounding the making of a confession" for "relating to and arising from the making of a confession". I circulated the revised draft order to all Members in the House at the time. A revised draft order has been laid before the House entitled Commission of Investigation (Dean Lyons Case) Revised Order 2005. I wish to substitute this revised draft order for the draft order currently before the House.

Amendment agreed to.

Mr. McDowell

Whatever was in the draft order before the House, several Deputies commented that it was open to me to provide more ample terms of reference. It was perhaps an undue element of overcaution on the part of Deputy Costello and myself in raising this issue. The terms of reference will be wholly adequate to deal with the surrounding circumstances including the arrest and detention and the decision to prosecute Dean Lyons.

The Garda ombudsman commission has the same powers of Mrs. Nuala O'Loan, Police Ombudsman for Northern Ireland. There is a myth that the commission has lesser powers. The only difference is that in the South, An Garda Síochána acts as the security service of the State. The Garda Síochána Act provides for circumstances controlling their access to security records, whereas in Northern Ireland the police ombudsman has no right of access to MI5 or MI6 records whatsoever. There is no substantive difference in the powers conferred. In the Estimates for 2006, €10 million was provided for the commission compared with €2.5 million for the old Garda complaints board. The commission has received significant additional funding.

If the commission was up and running, calls for inquiries into cases such as this, the Rossiter case and others, would have been obviated. The sooner the commission is up and running the better. In the new year, I hope to take the relevant steps to get it going in a substantive way.

Deputies Rabbitte and Costello raised the need for a Garda authority. I have heard the arguments for this at some length. However, if there was a Garda authority, such as that in Northern Ireland, comprising political representatives elected on a d'Hondt principle and the great and the good selected by Government, who would answer to the House when matters went wrong? If I believe the Garda should be doing X,Y and Z but the Garda authority had a different view, who would settle the dispute? If the House cannot express its view and get real accountability through the Minister, is the establishment of a Garda authority such an advance? This is a fundamental philosophical question which has not been adequately answered by those who support a Garda authority. We will have other occasions to continue that debate.

As regards the nature of inquiries, the only sworn inquiries with powers of compulsion available to a Minister for Justice, Equality and Law Reform regarding any matter relating to the police are an old-fashioned tribunal of inquiry under the 1921 Act, which is about to be amended in accordance with a Bill published yesterday, a commission of investigation under the Act under discussion today which came into law on 18 July 2004, and statutory inquiries under the Dublin Police Act. Until late last year it was not possible to deal with inquiries such as that referred to in the motion except either under the Police Forces (Amalgamation) Act 1924 or a full-blown public tribunal of inquiry along the lines of the Flood tribunal. The legislation which has come into play for this inquiry is a halfway house between a statutory inquiry per simpliciter and a tribunal of inquiry and is the correct solution.

On the case under discussion, the conundrum has always been that two competing confessions existed for a short period and this created a dilemma for the Director of Public Prosecutions who was faced with two competing explanations for a crime which remains unsolved. I reiterate that this is a live case and if the cold case DNA forensic material comes to hand and makes it feasible to bring a case against an individual, it is the intention of the Garda Síochána to place the relevant evidence before the Director of Public Prosecutions for decision.

Some Deputies described as inadequate the Rossiter inquiry which is being held under the 1924 Act. I understand the inquiry is up and running and receiving full co-operation. As the Commissions of Investigation Act does not provide for public hearings, the only way in which the demand for full public hearings could be met would be to establish a full public tribunal of inquiry. It is desirable that we get the commission of investigation up and running under George Birmingham SC, that the Rossiter inquiry proceeds to completion under Hugh Hartnett SC and that the Garda Ombudsman Commission becomes operational as early as possible in the new year. It should be noted, however, that the commission must do preparatory work. It must have investigatory staff and buildings, establish protocols for carrying out its business with the Garda Síochána and make arrangements on the places in which it will detain people whom it arrests in Garda stations.

Certain Deputies criticised me for rushing through the Garda Síochána Bill. I was faced with the proposition that if I chose to wait until the ombudsman commission was in place before dealing with these kinds of materials it could be another year before the commission would engage seriously on these propositions.

Mr. Costello

Will the Minister provide that the ombudsman commission can carry out retrospective investigations?

Mr. McDowell

There are circumstances in which the commission can conduct retrospective inquiries under the Garda Síochána Act. I have been trying to get the various inquiries up and running in a timely fashion.

I am glad every Deputy has broadly welcomed the fact that a commission of investigation is being established in this matter. While I have been criticised for the time taken to establish the commission, this was not an option until late 2004 because the Act was not in operation until that time. Deputies should also bear in mind that a live Garda investigation was taking place on the case. When a number of Deputies repeatedly raised the matter, I asked the Garda Commissioner for a full report and full chronology of events. I received the report in April.

When I indicated in public that I intended to proceed with a commission of investigation I had to go through the relevant steps, namely, to bring the proposition to Government, secure Government approval, identify a person to chair the inquiry and chart out its terms of reference. All of this took place after Shane Murphy SC, to whom I am deeply indebted, undertook a study of the matter and made a recommendation that a commission of investigation be established as the appropriate means of inquiry. It is not as if nothing has been happening. I have been carefully putting together the basis for this inquiry. I agree, however, that if I had the commissions of investigation legislation available to me a couple of years ago, I could have addressed the issue earlier and in a context other than the establishment of a full tribunal of inquiry. That was the dilemma in which I found myself.

I do not wish to discuss the substance of the inquiry as it is a matter for Mr. Birmingham SC to conduct the inquiry. Serious issues are involved, however. The fact that two people could confess to the same crime is a serious state of affairs. Nobody, least of all me, seeks to minimise or avoid this fact. Nevertheless, it will be worthwhile to await Mr. Birmingham's report. Without trespassing on what Shane Murphy SC examined and stated in his report, this case is more complex than Deputies might imagine. No allegation of physical abuse was made and the issues arising were the state of mind of the person in detention and suggestibility. The crunch issue is whether suggestions were made to Mr. Lyons which should not have been made. It is not the case, however, that someone fabricated a complete statement or conjured it up from nowhere. The word "frame" has been abused and is not an apt description of what took place in this case. Nonetheless, it is a serious matter if a person agrees to confess to a crime he or she did not commit. This should not happen in any circumstances.

Other cases in which people have died in Garda custody were raised. It will be the function of the ombudsman commission to investigate all such cases. Under the new Garda Síochána Act, members of the commission will be required to carry out such investigations themselves and will not be in a position to delegate responsibility for them to the Garda Síochána.

Mr. Costello

What is the position regarding the Wheelock case?

Mr. McDowell

All the circumstances known to me at this stage suggest there was no misbehaviour of any kind by the Garda Síochána in the Wheelock case. I express my sympathy, as I have done on a number of occasions, to the family of Terence Wheelock on the untimely death of their son. As soon as he was found in a collapsed condition in his cell in Store Street Garda Station, all the requisite steps were taken. An officer from outside the division was immediately appointed to investigate the incident. He visited the scene on the same day and had a full technical examination carried out. Members of the House have made the point that the scene was altered afterwards. To my knowledge, the only thing of significance that was altered was that the alarm button which was tied to the ligature around his neck, was adapted so as to prevent anybody else finding themselves attached by a ligature to that alarm button in future. There was nothing more than that.

An Ceann Comhairle

The Minister's time has concluded.

Mr. McDowell

I have received a preliminary report of the investigation and I have requested the Garda authorities to submit a full report to me on the outcome of their investigation when completed. When that report is received I will consider it. A completed investigation file will also be submitted by the Garda authorities to the law officers for consideration at that time.

Motion, as amended, agreed to.