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.

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.