I wish to raise a matter that goes to the heart of our democracy. This House is the forum where the Government responds to the people's representatives. Two years ago a young man died in a night club incident in Cork. Despite two investigations by the Director of Public Prosecutions, no charges have been brought.

This young man's father is on hunger strike outside the gates of Leinster House. Yesterday evening, after four weeks of attempting to raise the matter, Deputy Bernard Allen was given permission by the Ceann Comhairle to raise it in the House. The reply was given by the Minister of State at the Department of Health and Children, Deputy Callely, who said that the Minister for Justice, Equality and Law Reform was unavoidably absent. It later transpired that the Minister for Justice, Equality and Law Reform was present in the Dáil bar and chose not to come into the Chamber to respond to the sensitive and important matter raised by Deputy Allen concerning the death of a young man.

This is not the first time this has happened with this Government which is the most arrogant Government we have had in the past 30 years. The Taoiseach is not in the House on Thursdays, the Minister for Finance and his Ministers of State were at Cheltenham when the Freedom of Information (Amendment) Act 2003 was going through the House. We have health publications being leaked to journalists and public relations personnel training the Minister to respond to difficult issues that might arise.

I ask the Taoiseach to outline the reasons why the Minister for Justice, Equality and Law Reform chose not to be here last night. I would like the Taoiseach to give a lead on this and to give instructions that where possible on sensitive matters such as this, Ministers come to the House and answer questions from the representatives of the people when they are given time in this House. I ask the Taoiseach to instruct the Minister for Justice, Equality and Law Reform to go and speak to Mr. Moynihan outside the gates of Leinster House, to bring him into his Department and to explain to him why justice has not been done in this case and what he intends to do to ensure that some charge is brought against somebody in respect of the death of a young man two years ago. This represents contemptuous treatment of the House and the people, and it goes right to the essence of our democracy. The Taoiseach, as leader of the Government, should see to it that his Ministers respond to questions on behalf of the people in the House.

It is my policy that Ministers attend here for questions—

Do as I say, not as I do.

They do attend the House on a daily basis, both to deal with legislation and during Question Time. I wish to respond, if I may, without interruption, to the questions asked by Deputy Kenny.

The Minister for Justice, Equality and Law Reform spent more than two hours in the Dáil Chamber yesterday on the business of the House, and he was notified that two matters relating to his Department had been selected for the Adjournment. When the Minister left the Chamber at 7 o'clock, he attended to some other meetings. He had a prior engagement scheduled at the time of the Adjournment and requested Minister of State, Deputy Callely, to take the Adjournment on his behalf. The Minister had cleared the content of replies to the issues raised and ensured that the Minister of State was adequately briefed on them.

Subsequently, the Minister's engagement was cancelled but he did not change the arrangement because he was quite confident that he had both cleared the replies and adequately briefed the Minister of State, Deputy Callely, who took the Adjournment matters. That was accepted by Deputy Allen in the House last night. The record of the House shows that Minister of State, Deputy Callely, stated that he was standing in on the Adjournment for the Minister for Justice, Equality and Law Reform.

It is a matter of some regret that the Minister was not informed of Mr. Moynihan's request for a meeting with him last night or that Mr. Moynihan was in the precincts of the House. The Minister was not aware of that. He was made aware of it late last night and he met Mr. Moynihan this morning and had a detailed discussion with him. Of course, there is no point in me going back over the contents of the case and the DPP's directions. That was dealt with in the House last night. I know that the loss of the life of young Adrian Moynihan was a tragedy for his family and is of great regret to the House.

The completed Garda investigation file was forwarded by the State Solicitor to the Director of Public Prosecutions on 2 July 2001 for a decision as to what prosecution, if any, should be instituted. The DPP issued directions on 9 January 2002 that no prosecution should be instituted. The circumstances of Adrian Moynihan's death were subsequently the subject of an inquest which returned a verdict of death by misadventure. The House would be aware that the purpose of the inquest was to establish the facts surrounding the death and those facts are on the public record. The inquiry produced findings on the identification of the deceased and the date and place of the death. All of the other details were put on the record last night by the Minister of State, Deputy Callely. Of course, the DPP's judgment is independent in these matters.

I understand that this morning, Mr. Moynihan asked the Minister to look at matters connected with the Garda investigation and how this happened. I also understand the Minister gave Mr. Moynihan an undertaking that he would speak to the Garda authorities on the matter. The Minister is not present in the House because he is attending a meeting of the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights. I spoke to his office a short time ago. The Minister said he will return to Mr. Moynihan with the details when he has spoken to the Garda authorities.

I have said this matter goes to the heart of our democracy. The Minister for Justice, Equality and Law Reform presented his script to the Minister of State at the Department of Health and Children, Deputy Callely, but when he realised he would be in the precinct of the House he should have had the courage to take the debate as his office had prepared the script for the Minister of State.

This young man died in a nightclub incident two years ago. The Deputy State Pathologist said he died because of the way he was held down. I understand he was bitten on the arm and handcuffed while he was dead. Other details have been put on the public record. I am concerned that a number of those who wished to give evidence in the case were not called to do so. I am glad to hear the Taoiseach indicate that this morning, the Minister spoke to Mr. Moynihan outside the Dáil and assured him that he would have the matter re-investigated.

I do not wish to interfere with the independence of the Office of the Director of Public Prosecutions, but I understand the Attorney General is entitled to discuss the facts of a case and the reasons no prosecution was taken. Perhaps that should be done. Does this case not provide ample evidence that after six years of the Taoiseach's leadership of the Government, problems experienced by the victims of crime have not been resolved? People are entitled to thorough explanations, the truth and justice. Will the Taoiseach issue instructions and ensure that Ministers answer questions when necessary, provide full information on ongoing cases and that Mr. Moynihan's case is re-examined until such time as everyone can see that, in the interests of democracy, justice is not only done but is seen to be done? I never again wish to raise a case concerning a Minister who was within the precincts of the House but refused to answer legitimate questions raised in the House by any Member.

It is a regular feature of the House that, at times, Ministers will substitute for their colleagues for different reasons. Ministers could be in Europe or attending committees.

Not in the bar.

In this case the Minister cleared the statement prepared for the Minister of State, Deputy Callely.

The Taoiseach should ask the Minister to attend the House to apologise.

Allow the Taoiseach to continue without interruption.

I will not be drawn on that issue because I do not consider it would be a good practice for the House to go down that road.

The Minister's behaviour was not good practice.

The Minister wishes to clarify that, as was indicated last night, there is no conflict between the coroner for Cork city and the Director of Public Prosecutions. He also indicated that he had been informed on the basis of evidence given at the inquest into the death of the late Adrian Moynihan, the Deputy State Pathologist, Dr. Marie Cassidy, altered her disposition in relation to the case of Mr. Moynihan's death. In light of this and in accordance with the law, the coroner adjourned the inquest to allow the Garda the opportunity to consult with the Office of the Director of Public Prosecutions in relation to the new evidence. The Minister was informed by the Garda authorities that the file was resubmitted to the DPP on 16 December 2002 for further consideration and on 24 January 2003, following a full review of the file, the DPP confirmed that his original decision should stand.

Deputy Kenny said I indicated that the case was being re-opened. It is not. It moved on to the second issue and the DPP examined the new evidence and then closed the case.

Why were all the witnesses not called to give evidence?

Allow the Taoiseach to continue.

I cannot interfere with that. Mr. Moynihan today asked that the Minister should look at particular aspects of the Garda investigation. I have no right, authority, nor do I wish to give the impression that I am in any way asking the DPP to look at or re-examine this case because I have no authority to do that and I am not asking him to do so.

Where was the Minister last night?