asked the Minister for Justice if he will consider holding an inquiry into the circumstances of the death of Mr. Patrick Nugent at Bunratty Folk Park, on 11 February 1984; and if he will make a statement on the matter.

146.

asked the Minister for Justice if he is aware that the inquest jury in the case of a person (details supplied) in County Clare requested that he should have the matter further investigated, in view of the fact that it is now two years since his death in strange circumstances; the reason no decision has been taken to date; if he will now undertake an investigation; and if he will make a statement on the matter.

I propose, subject to no further interruptions from a former Minister for Finance who knows what contract procedures are about, to take Questions Nos. 2 and 146 together.

This case has already been the subject of a Garda investigation, a criminal trial and a coroner's inquest, which is, in effect, a sworn public inquiry. It is clear that the jury at the inquest were not satisfied that all of the relevant facts of the case had emerged and, on this basis, they added a rider to the verdict that a further investigation should be carried out by me. I assume that this was done in the belief that I have investigative machinery within my Department to pursue the matter further. In fact no such machinery is available to me, nor have I, as Minister for Justice, any legal powers to conduct such an investigation.

The Garda authorities have informed me that they have already done everything they can to get to the bottom of the matter. It is noteworthy that the jury expressed their appreciation of the fullness of the inquiries the Garda had made in the case.

If the suggestion is that a tribunal of inquiry be set up to look at the matter, I believe that such a tribunal would be justifiable only if it appeared reasonable to expect that it would produce new evidence and not just a repetition of the evidence given at the inquest and at the trial. In the absence of any such expectation, it is difficult to see how the setting up of such a tribunal would be justified.

Garda disciplinary proceedings are at present in progress, at the direction of the Garda authorities. I have no function in such proceedings. They are not an investigation into the death itself and will be primarily directed towards the question of whether there were breaches of regulations by individual gardaí. Should any new relevant material emerge during the course of the disciplinary proceedings, I will be prepared to look at the matter again.

I am sure the Minister is aware that in the jury verdict before the rider was added the last lines were "The jury add the attached rider to their findings because of suppression of evidence by witnesses to the event". Is the Minister aware that this is clear evidence that at the inquest there was suppression of evidence, therefore the inquest could not be regarded as in any way an inquiry to arrive at the cause of death and the reasons for it, because of this suppression of evidence? As a result of that I am sure the Minister is aware that the jury added this rider in which they said, "However the jury are far from satisfied as to the circumstances under which Patrick Nugent sustained the injuries which caused his death", and for that reason asked the Minister for Justice to have the matter investigated further. The jury, laymen, would not know what machinery is available to the Minister but being the Minister in charge they assumed he would have the appropriate procedures, a public inquiry, a formal inquiry or whatever. Does the Minister now think——

I cannot allow such a long speech or any speech on it.

With those facts at his disposal what further investigation does the Minister intend to carry out? Will he have a formal public inquiry, not necessarily a tribunal of inquiry, to arrive at the evidence which was suppressed?

The facts to which Deputy Mac Giolla refers are, of course, at my disposal. They consist of his rehearsal of the fact, first of all, that the jury at the inquest added a rider to their decision, and then the rider itself, I am aware that the jury expressed their belief that evidence was suppressed and then asked the Minister for Justice to have the matter investigated further. As I have pointed out, the case has already been the subject of a Garda investigation, a criminal trial and a coroner's inquest. As I have said, the coroner's inquest is in the nature of a sworn public inquiry. If I believed or if there were any reason for believing that a further investigation would bring new evidence or new facts to light, then it would be worth considering. Since, following those three investigations, of different kinds, it now appears we have got all the information that is likely to be got about the case, I cannot see now any reason for taking any further steps. As I have said, no investigative machinery is available to me as Minister for Justice to do the kind of thing which the jury appeared to have in mind.