I should like to ask the Minister if he proposes to set up an inquiry into the circumstances of the death of Fr. Molloy in view of the considerable level of public disquiet arising from the court decision and in view of the opinion around at the moment that there seems to be one law for the rich and one law for the poor.

That is not in order. The Deputy has brought the court decision into this and is elaborating on it. I should like to ask him not to do so.

I tried to get around this in a responsible way by asking the Minister could he tackle this problem by setting up such a body and the Chair ruled me out of order.

No. I pointed out to the Deputy that that is a separate question. There is no question on the Order Paper about that.

When I raised this matter on the Order of Business last week the Chair said this was a matter for legislation but now I am being told it is a separate question.

The four questions the Minister is talking call for an inquiry into a death and the Deputy wants to ask, as a supplementary question to them, if the Minister will do something to monitor court decisions. That is a separate question.

I will put a straight question to the Minister: does the Minister at this stage propose to hold a public sworn inquiry into the circumstances of the death of Fr. Molloy in view of the considerable level of disquiet?

As I pointed out in my reply, the law provides that in cases like this there should be a public sworn inquiry, that is, an inquest. I have told the House that the date of the inquest is already fixed for 24 July.

Will the Minister set up a tribunal of inquiry due to the many unanswered questions of fact, of a forensic, medical and financial nature, and the widespread public disquiet engendered thereby and given that the deceased's and perpetrator's possessions were handed over without being sent for forensic testing?

I can only repeat what I said at the outset: that the law provides in cases of this kind for a sworn inquiry, which is the inquest. The Deputy, and the House, will be aware that any issues that appear to be relevant to the case in question can be pursued at a coroner's inquest.

Under the circumstances I do not think that would satisfy the disquiet that is around the country about this case. I am asking for a tribunal of inquiry, not a public inquiry, to be set up to look into the facts surrounding the case. What will be examined at the inquest will be different and I am sure that all the information required will not come out unless there is a tribunal of inquiry. Will the Minister address himself specifically to my question?

I have addressed myself specifically to the question and said that the law provides in cases like this for a public sworn inquiry, otherwise known as a coroner's inquest. I do not think it would be right for me, or the House, to anticipate in any way either the conduct of the inquest or verdict or conclusion that might be reached by that inquest.

Does the Minister find it unusual that the inquest will be taking place 12 months after the tragic death of Fr. Niall Molloy and after the court case has been held and a verdict handed down? Will the Minister tell the House who has ordered the inquest?

I would not find it at all unusual that the inquest is taking place following the court case to which the Deputy has referred, because an inquest cannot be held when criminal proceedings are pending. There is no significance whatever to be attached to the timing in this case. The holding of the inquest is required by Statute and the coroner in the case has a statutory duty to make the arrangements for the inquest which, as I have reported to the House, he has done in this case.

Would the Minister feel it worthwhile for the DPP to refer the verdict of the court to the Supreme Court for judgment in relation to——

That is out of order.

It is not out of order.

The Director of Public Prosecutions is an independent statutory officer created by an Act of Parliament. He is independent of the Minister and the Minister is not responsible to the House for his actions.

The inquest could have been held before charges were laid. In this case charges were not laid for some months after the events in County Offaly took place. Will the Minister state why the inquest was not held? Further, will the medical evidence of Dr. Harbison be available and taken as evidence at the inquest when it takes place in July?

As the Deputy knows, and as the Chair has pointed out to the House, I have no function in relation to the Director of Public Prosecutions. Therefore, the timing and the laying of charges or the pursuit of a case is entirely a matter for the DPP and not for me. Subject to correction, I would have to say I do not think it would be proper for an inquest to be held while criminal proceedings were pending. I am glad to have this opportunity of making the point to the House, which I made in my original reply, that the law provides for a public sworn inquiry into cases of this kind, that is, a coroner's inquest. Any information and all information that may be relevant to the case can be brought before that inquiry and any questions and all questions that may appear to be relevant to the case can properly be brought before that inquiry and can be examined.