I did not have that particular incident in mind but now that the Minister has mentioned it, I wish to ask a question. All I know about the case is what I read in the newspapers at the weekend. It was implied in the newspaper reports that the case was misrepresented to the Minister by the Garda Síochána and the Minister in his statement now has confirmed this. However, there is other information that this is not so and that the Garda Síochána were opposed to the release of this prisoner. I do not have the background information and I had not intended to raise the matter but now that the Minister has brought the matter up it is important for the public that we clarify it. I want the Minister to confirm that no request came from his Department for the release of this prisoner.

(Limerick East): That is correct. No request came from my Department. The request came from a member of the Garda Síochána who deals with these matters. It was presented as the case of a person who was in jail serving a sentence for the larceny of £14 worth of goods. No personal approach was made to me whatever. I dealt with it in a routine way. I inquired if there was any question of cars being involved and I was told there was not. That was the information presented to me. As I have said, the man in question is going back into prison because the decision was made on the basis of incorrect information. I am not implying anything. I think the Garda acted absolutely bonafide and that a genuine mistake was made.

The Minister in his reply stated that he and his Department were misled by the Garda Síochána in relation to the presentation of the case of the Department. That is a very serious and disturbing allegation to make in the House. If that is so, I want to know what action has been taken in relation to it.

(Limerick East): I made no allegation whatever. I think somebody made a mistake in providing the information to my Department. I made a decision on the basis of information that was not complete and when the complete information was brought to my attention I acted as I have outlined. I am inquiring into the circumstances of how the mistake occured but initial inquiries indicate that it was a genuine mistake and that there is not wider issue arising.

Will the Minister inform the House how the circumstances of the case first came to his notice as Minister for Justice?

(Limerick East): The circumstances of the case came to my notice as Minister for Justice in the normal way. A file was presented to me by officials of my Department with a recommendation to release what appeared to be a petty offender for two reasons. First, there was a likelihood of the man being rehabilitated because if he got out of prison quickly he could return to his former employment — his employers had suggested this. Secondly, it was on the basis that we still have overcrowded prisons. We let out petty offenders if they are outside the categories I indicated. As the Deputy knows, car stealing is one of the restricted categories. Subsequently the fact that a mistake was made came to my attention when a press query came to my Department on Thursday or Friday last. I checked the situation and found that the facts were not as presented.

The Minister is saying to the House that the submission to his Department and the file that was forwarded to him from the Garda division in Limerick referred to certain minor charges and not to the more serious charge of car stealing. I put it to the Minister that this must constitute a serious irregularity, that the Minister was seriously misled in relation to that incident. Again I want to know what action he proposes taking in that regard.

(Limerick East): I have initiated inquiries — as I have outlined — and I am awaiting a report on the matter. On the information available to me so far, on the initial inquiry, I do not think there was any mala fide on anybody's behalf. It was a situation of somebody making a genuine mistake who was under pressure of a lot of work at that time. The information was provided by telephone, not by forwarding a file.

Would the Minister finally confirm to the Houses that there was no question of any approach having been made to the Garda authorities either by himself or any member of the staff of his Department in relation to the release of this prisoner?

(Limerick East): I can confirm that absolutely. The contact came in the opposite direction.

The remaining questions will appear on tomorrow's Order Paper.