Tag Archives: Department of Justice

This afternoon.

At the silent #WalkWithPeter march from the Garden of Remembrance to the civic plaza on O’Connell Street opposite the GPO.

From top – Peter Mulryan (pic 1 and pic 3); Sheila O’Byrne, who spent time in the St Patrick’s Mother and Baby Home on the Navan Road in Dublin (pic 4); Matilda Kelly, aged 9 ,from Ballinasloe, Co Galway (pic 5) and the boxes carried during the procession laid out outside the GPO (above).

After the Tuam Home Survivors’ Network members and their supporters arrived at the civic plaza, a number of speakers spoke – including Kevin Higgins, who assists the network, Peter Mulryan, and Peter’s daughter Trina Mulryan.

Mr Higgins said the group doesn’t want “any more tea and biscuits” or any more “obfuscation” in relation to identifying the remains found in Tuam.

He said:

“[The Government] has set its face against a full-scale, forensic examination of all of the remains. It has set it’s face against an inquest into the cause of death of each individual child and the reason for that is simple.

“It’s not actually money. They simply do not want the truth to emerge because from those bones will emerge, from those remains, the evidence, even now, of maltreatment, neglect and, in some cases, worse.”

He said it would take a “war of attrition” for the State to carry out inquests into the death of each child buried in Tuam and he called on anyone who hasn’t supported the network’s campaign to consider doing so now.

Peter Mulryan told those present that the network will not stop campaigning until the final child’s remains are taken out of the ground at the Tuam site and identified via DNA analysis.

He finished his address to the crowd, saying: “Give them back to us. Now.”

He said:

More than six years ago, in 2012, Catherine Corless published some research on the ‘Home’ and in spring 2014, four years ago – gave details to Alison O’Reilly of the Daily Mail [Irish Mail on Sunday].

They carried the story on the front page and the world began to ask ‘how could this happen in a staunchly Catholic country at a Home run by Catholic nuns while in receipt of State funds with the oversight of the local authority.

Those of us who are survivors and families – and connected to the ‘Home’ remember where we were when that news broke. We did not know then that it would take more than four years to have the site preserved as a crime scene.

In March of 2017, it was confirmed by Minister Zappone that the tiny human remains discovered dated from the time of the ‘Home’ 1925 to 1961. In other words, the children’s remains like us, were ‘Home Babies’.

Again, we waited patiently for some 18 months for the site to be declared a crime scene – with the appropriate Department of Justice in charge of full and total excavation and recovery of the remains that may include my own sister, Marian Bridget. To date that has not happened.

The children never had a funeral. They were the lost, forgotten babies and children of Tuam until 2014.

The infant mortality rate was five times than that of the population outside. One hundred and twenty six died within the first month of life.

Death certificates were not signed by a medical practitioner but rather a domestic at the home, burials were outside the norm, custom or law. Without coffins. Without a word, a prayer or a gesture of sympathy in a land that is renowned for its funeral services where communities seek comfort in the untimely death of a young person.

Compared to other Mother and Baby Homes, the death rate of babies at the Tuam home was almost double at a time. Some died within the first moments of birth.

Among the eldest record is that of Kathleen Cloran who was nine and a half years when she died in 1932. On one day, April 30th 1926, four deaths were recorded of measles outbreak which took 25 children from age two months to eight years.

Tuam Home was a workhouse for the poor and then it became a Mother and Baby Home. After having her second child, ten years after my birth, my mother Delia, was taken to the Magdalene Laundry. She never got out alive. She too is buried in a mass grave.

Women with child outside marriage were outcasts, their children, like me, regarded as ‘the children of sin’. With no one to speak for any of us, no words of comfort for children as they lay dying, today we walk in respect and reverence to give the children and the six missing mothers, the funeral they never had.

We demand truth, we demand justice and we demand that our Government change the way they have operated.

We do not know where the fragments of remains that were taken from the chamber are now stored, those belong to our families.

It is not good enough that for 18 months we do not know where they are. It is not good enough that the Taoiseach Varadkar delays a meeting with us – and that former Taoiseach Enda Kenny despite living nearby, never visited the site.

It is not good enough that the Coroner has not replied to us and that the Attorney General continues to ignore our requests to do their job.

We thank those who walk with us today. We are united in a shared grief. We are united in one voice, all survivors of Mother and Baby Homes in Ireland, all family members attached to other groups. We walk for our siblings, for our aunt or uncle, for our cousins, for our family.

We walk for our communities. And we walk in a funeral procession to show Government that if they do not act according to the law of the land, according to human rights protocols that we will continue until the last remaining child in the ground at Tuam is taken out of there.

All 796 children are equal – they are Irish citizens. It is past time that we change the record. Our babies, our children, our families. Give them back to us. Now.

Peter’s daughter Trina said:

My name is Trina Mulryan.

My father is Peter Mulryan who, like many others here today, started the first years of his life treated worse than an animal in the Tuam Mother and Baby Home. Also like many other survivors of the home, he was then fostered out to an even worse place where he spent his childhood and teenage years.

My Grandmother is Bridget Mulryan who had her child, my father, taken from her while in the Tuam Mother and Baby Home and who was incarcerated 10 years later after becoming pregnant again.

Her second pregnancy out of wedlock was such a “crime” that she was incarcerated for the 35 remaining years of her life in a Magdalen Laundry in Galway City to work as a slave in the horrible conditions we are all too well aware of.

Bridget’s second child, my Aunt Marian Bridget, supposedly died 10 months after birth while in the Tuam Mother and Baby Home. Her death cert was signed by another incarcerated mother who was used by the nuns to sign such documents.

The death was not certified by a doctor. The nuns not wanting their signature on the documents makes it very possible the documents were falsified so that the nuns could sell the babies which is human trafficking. We know this happened elsewhere at the time.

My Aunt Marian Bridget is suspected, according to Catherine Corless’s research, to be currently lying in a sewage tank in Tuam. We do not, however, know this for sure. Because of the strong possibility she was trafficked out of the country, sold by the nuns, – she may very well be alive today.

We, as a nation, rightfully still search for Northern Ireland’s disappeared who went missing not long after the time of the last Tuam baby was dumped in the sewage tank but it has nearly been five years since the story of the Tuam Babies broke in the national and international news and the local coroner has still not sealed the site for investigation.

The Attorney General has also not assigned a different coroner to investigate the site due to the local Coroner’s failure to act. Instead the Tuam Babies “issue” was given to Katherine Zappone to deal with despite her office not having the legal powers to direct a full investigation of the site. You can probably see why the families of the Tuam Babies might see this as a delaying tactic.

My father is now 74 years old. He has been through cancer in the last few years. He wants to know what happened to his sister before he dies. There are also others here today who also need to know about their family members.

My father has been forced to go to the High Court many times and has spent thousands of euro in legal fees to try and get information from the Statutory Agency Tusla. After many journeys from Ballinasloe to the High Court over a number of years, an agreement was registered with the High Court whereby Tusla would provide the records they have on his sister before October 2017.

Tusla did not uphold their side of the agreement and gave neither records nor assistance. My father has to now go back to the grueling process of the legal system because Tusla, the Statutory Agency, lied. What way is this to treat an elderly man just trying to find out what happened to his sister? Has his life not been hard enough as it is?

We welcomed Leo Vardkar’s speech to the Pope where he spoke of the importance of actions instead of words in relation to the wrongs of the state and the church in our dark history.

Unfortunately though, my father has only had words from the State in relation to his sister.

Katherine Zappone told us in Tuam a few months ago of the legal difficulties she has to overcome to do a full forensic excavation and DNA testing of the Tuam Babies but the law is already in place to do this its just she does not have the legal power to direct it to happen.

I ask the government to take action now and direct the Attorney General (through the Minister for Justice if necessary) to appoint a coroner to investigate the site fully as such a coroner already has the legal power to investigate the site.

I understand of course maybe the government just want to delay this the same way as the Catholic Church have delayed and continues to delay using the tactic of “words” without any action but I hope this is not the case.

Earlier…

Peter Mulryan, of the Tuam Home Survivors’ Network (third right), at a march through Tuam, Co Galway during the papal visit

Today.

At 2pm.

At the Garden of Remembrance, Parnell Square, Dublin 1.

Members and supporters of the Tuam Home Survivors’ Network will gather to remember the 796 children who resided in the Bon Secours Mother and Baby Home in Tuam, Co Galway.

The State issued 796 death certificates for these children but burial records exist only for two, while there are also no burial records for six single mothers who are recorded as having died at the home.

The network, led by survivor Peter Mulryan, will hold a bagpiper-led funeral cortege to honour the children and mothers who were never accorded the same – and they ask that anyone who wishes to take part bring a white shoe box with them to represent a small coffin.

The network originally notified An Garda Siochana, in writing on Tuesday, that they planned to walk from the Garden of Remembrance, down to O’Connell, Street, over O’Connell Bridge, down D’Olier Street, around College Green, up Nassau Street and up Kildare Street to Leinster House.

However, a garda from Store Street Garda Station told the network on Thursday that they could not walk this route.

Instead the network was offered an alternative route which would see the group turn left up Eden Quay – at the top of O’Connell Street – down Custom House Quay before eventually going up Westland Row and ending up at Merrion Square.

However, this route adds about two miles onto the march and those taking part – many in their 70s – would find this difficult.

Kevin Higgins, who assists the network, contacted Department of Justice on Thursday and pointed out the age and infirmity of some of the survivors of the Tuam home and suggested that a short period of traffic management by An Garda Siochana would allow the survivors and their supporters to take the shorter, desired route.

Mr Higgins also pointed out to the Department of Justice that it is responsible for the coroners’ service but that neither the local coroner in Tuam, Galway, or the Attorney General has convened an inquest into the death of a single child at the Tuam home.

He also reminded the department that Dublin city centre was effectively closed down to accommodate Pope Francis in August.

Mr Higgins was told by the department, on Thursday, that the matter would be referred to the appropriate Garda Division and that the department would revert to him.

And then…

At close of business yesterday, at 5pm, Mr Higgins received an email from the Department of Justice saying it had nothing to do with the Justice Minister Charlie Flanagan and he could not interfere.

As a result, the network has decided to walk from the Garden of Remembrance to the civic plaza in front of the GPO on O’Connell Street where a number of speakers will address supporters.

Funeral Cortege For The Children Of Tuam (Tuam Home Survivors Network)

Previously: Walk With Peter

Our Worst Fears

UPDATE:

Pics: Rollingnews and Tuam Home Survivors’ Network

Former Minister for Justice Frances Fitzgerald; Terry Prone, of the Communications Clinic

Last night.

Journalist, director with Right To Know and Dublin Institute of Technology lecturer Ken Foxe tweeted that he had received word back from the Department of Justice yesterday.

This follows his attempts to obtain records of correspondence between the former Minister for Justice Frances Fitzgerald and PR advisor Terry Prone between May 8, 2014 and March 11, 2017 – a time when Ms Prone was also advising the then Garda Commissioner Nóirín O’Sullivan.

Mr Foxe had initially been told there were no such records.

After appealing the matter to the Office of the Information Commissioner, the OIC discovered 68 such records of correspondence.

Last night, Mr Foxe said the Department of Justice informed him there were more than 190 such records.

He has yet to receive the documents.

But last night, Mr Foxe explained:

Previously: Frances, Nóirín and Tess

This morning.

In the Irish Examiner.

Michael Clifford and Cormac O’Keeffe reported on an answer to a parliamentary question put down by Social Democrats TD Roisin Shortall to the Minister for Justice Charlie Flanagan.

The answer, published on Tuesday, revealed that the email accounts of the former Minister for Justice Frances Fitzgerald and her special advisers were not looked at as part of the “trawl” for documents in the Department of Justice relevant to the Disclosures Tribunal.

The tribunal, overseen by Supreme Court judge Peter Charleton, is examining allegations of a smear campaign against Garda whisteblower Sgt Maurice McCabe.

On the same day, Mr Flanagan, in an answer to a separate parliamentary question, revealed the Disclosures Tribunal issued discovery orders on the Department of Justice in February, April and September of this year.

Readers may wish to note that, in response to the question asked by Ms Shortall, the Minister for Justice Charlie Flanagan said:

While the email accounts of the then Tánaiste and Minister for Justice and Equality and her advisors were not specifically examined as part of the recent trawl for documents, I can confirm that the email accounts of officials working in relevant areas of the Department were searched and that this exercise would of course encompass emails sent from or to the then Minister and her advisors on any such matters.

“I would point out that all discovery orders issued by the Tribunal were complied with fully. The Department has also made extensive voluntary disclosure of other matters including three protected disclosures, reports from the Garda Commissioner under section 41 of the Garda Síochána Act and, most recently, the two email threads that were uncovered following a trawl of documents in the Department.

“In acknowledging receipt of the emails, the Tribunal made reference to my Department’s already extensive discovery which has allowed the Tribunal to place the current documents in context.

I am assured that in the event of further documents being located that may be of relevance to the Tribunal’s work that these will of course be furnished to the Tribunal and I would point out that, the Deputy will be aware, the Taoiseach has announced that there will be an external examination of the way in which my Department fulfilled its obligations in relation to discovering documents to the Tribunal, to conclude before Christmas. That is a step I welcome.”

“I can assure the Deputy that any further Discovery Orders to be made by the Tribunal will also be complied with in full and the Tribunal has been assured of my full and ongoing support in that regard.”

Meanwhile…

Yesterday…

After the a meeting of the joint Oireachtas committee on justice and equality, which was attended by Deputy Secretary General at the Department of Justice Oonagh McPhilips…

In the Dail…

Labour TD Alan Kelly said to Taoiseach Leo Varadkar:

“There is an element of denial about what is going on. I spent a period of time at the Joint Committee on Justice and Equality this morning and genuinely ask the Taoiseach to ask his colleagues, Deputy Colm Brophy and Senator Martin Conway, who made good contributions about what happened. It was extraordinary.

“Given everything that has gone on and the information we have received through persistent questioning and with help from the media, we still have departmental officials coming to the committee to state the Department provided the information that it had been requested to provide during discovery.

“That is it – nothing has changed. The meeting was deeply worrying. I asked a specific question. I asked if private email addresses that potentially had been used by senior officials for departmental business and mobile phone records had been provided for the tribunal. The answer was that they had not been asked for them.

I had to ask the officials to ask Mr. Justice Charleton if he wanted this information. Is that not crazy? Has anything changed? We were also told that the information provided had been provided based on the questions asked and that there might be other documentation available.

In effect, they are acting as judge and jury and as a filtering system in providing information for the Charleton tribunal. The trawl has not changed anything. The culture has not changed.

“There are three specific issues. First, the way in which parliamentary questions are answered has not changed. The Taoiseach made a commitment in the Dáil that it would. I have evidence from yesterday. I am receiving far more text, but I am not getting answers in seeking facts, not speculation.

“Second, when it comes to the information being provided for the Charleton tribunal, we need a volte-face in attitude. The Department needs to provide everything. It needs to err on the side of providing too much. Information on the specific issues I have raised has not been sent.

“Third, I note that last week the Taoiseach was provided with a summary under section 41 by the acting Garda Commissioner. What is he going to do about this? It has to be acted on immediately. It is not a case of writing back and asking more questions.

The tribunal will be live for the next couple of months and we need this unit to be dealt with. We need answers quickly because it is having a dramatic impact on the operations of the tribunal.

The Taoiseach should remember that the Department has received lots of correspondence from certain witnesses who have issues and concerns about this issue, on top of the 29 parliamentary questions from me.”

Transcripts via Oireachtas.ie

Email trawl for Charleton Tribunal omitted Frances Fitzgerald (Irish Examiner)

Yesterday: ‘The Minister Would Have Done Nothing Wrong If She Had… Expressed Her Dissatisfaction With The Approach’

Rollingnews


Meeting of the joint Oireachtas committee on justice and equality; Deputy Secretary General at the Department of Justice Oonagh McPhilips

Readers may recall Tanaiste and former Minister for Justice Frances Fitzgerald’s resignation last week…

And the resignation of the secretary general of the Department of Justice Noel Waters…

And how the resignations were largely prompted by the emergence of an email, of May 15, 2015, in which Michael Flahive, of the Department of Justice, wrote to Ms Fitzgerald’s private secretary Christopher Quattrociocchi in which he relayed the contents of a phone call he received from Richard Barrett, of the Attorney General’s office, about Sgt Maurice McCabe and the O’Higgins Commission of Investigation…

Department of Justice officials, including deputy secretary general at the department Oonagh McPhilips, are appearing before the Oireachtas justice and equality committee this morning.

Further to this…

RTE reports:

“The most senior civil servant in the Department of Justice has defended the advice given to the former justice minister Frances Fitzgerald in relation to the legal strategy deployed by gardaí before the O’Higgins Commission.

Oonagh McPhillips told the Oireachtas Justice Committee that the department’s advice to a minister would consistently be that they should not be involved in any way in a case to be presented by another party before a commission of investigation.

“….However, under questioning from Fianna Fáil’s Jim O’Callaghan about an email sent to Ms Fitzgerald informing her of the adversarial approach being taken by the legal team for the Garda Commissioner in relation to Sergeant Maurice McCabe, Ms McPhillips accepted that the minister would have done nothing wrong if she had discussed this email with her own officials, and expressed her dissatisfaction with the approach.

She could express that view, but the advice from the department would be that there’s nothing you can do about it”, Ms McPhillips said.”

Watch the proceedings live here


The full unabridged email that may bring down the current government.

Michael Flahive, of the Department of Justice, sent this to Tanaiste and former Minister for Justice Frances Fitzgerald’s private secretary Christopher Quattrociocchi on May 15, 2015, which was subsequently sent to her.

Ms Fitzgerald has said she can’t recall receiving the email.

In it, Mr Flahive says he received a call from Richard Barrett, of the Attorney General’s office, and that, according to Mr Barrett, a row had taken place at the O’Higgins Commission of Investigation between the legal counsel for Sgt Maurice McCabe and the former Garda Commissioner Noirin O’Sullivan.

Mr Flahive claims Mr Barrett told him the row occurred because the counsel for Ms O’Sullivan wanted to introduce a complaint that the 2006 investigation into Ms D’s ‘dry humping’ allegation against Sgt McCabe wasn’t investigated properly.

Mr Flahive outlined that Michael McDowell, SC for Sgt McCabe, objected to this being raised and asked if Ms O’Sullivan had authorised the argument that this claim was relevant to Sgt McCabe’s motivation.

Mr Flahive explained that Mr Barrett said Ms O’Sullivan had authorised this approach.

On Tuesday night, Sgt McCabe told Taoiseach Leo Varadkar the alleged events outlined in this email never happened.

Readers should recall Ms Fitzgerald, in May 2015, received a lengthy report from GSOC in which it stated the 2006 investigation was carried out correctly.

That GSOC investigation followed a complaint made by Ms D, which was discussed at the Disclosures Tribunal when Irish Independent journalist Paul Williams gave evidence.

When Ms D gave a statement to GSOC, on July 3, 2014, Ms D told GSOC Mr Williams told her senior members of An Garda Siochana and Government were aware of her allegations.

When asked about this, Mr Williams said it was a “throwaway remark” that the then head of the Garda Press Office Supt Dave Taylor said to him and that he later relayed it to Ms D.

Related: ‘This Is About A Failure To Stand By Maurice McCabe’ 

Derek Mooney: What Happened

Previously: Absence Of Malice

In DPP Trouble

Disclosures, Discrepancies And Paul Williams

CeU-Du6UMAA1Y13Screen-Shot-2016-03-07-at-15.34.17-1024x555

From top: People at Moria detention centre in Lesbos; acting Taoiseach Enda Kenny in Brussels for a meeting between Turkey and the EU heads of government on March 7

Further to the EU/Turkey deal

On Tuesday, journalist Oscar Webb, from Lesbos island, reported:

Up to 190 shipping containers are on their way to Lesvos, Samos and Chios, to be used as offices by 600 EU asylum officials and 430 interpreters. According to the terms of the deal between the EU and Turkey that came into effect on 20 March, ‘all new irregular migrants crossing from Turkey to the Greek islands … will be returned to Turkey’.

Sixty judges will preside over appeals committees – also to take place in containers – for people who do not immediately accept deportation orders. And 2500 police, security and army personnel from Greece and other EU states, with eight ships and thirty coaches, will enforce the deportations. Until the material and manpower arrive, the refugees and asylum seekers are waiting in detention camps on the islands.

On Lesvos, close to a thousand refugees – the unlucky ones who arrived, in some cases only by minutes, after the 20 March deadline – have been placed in the island’s only detention centre, near the village of Moria.

They were met at sea and on the beaches by police who took their photos, gave them numbered wristbands, issued them with arrest papers (‘you have been legally arrested … currently you are being held here legally and temporarily … please be patient’) and took them to the camp. More arrive almost every day.

Conditions are bad in the Moria camp. The Greek authorities are struggling to look after the detainees without the help of charities and volunteers. Last week, the UNHCR, Médicins sans Frontières, the International Rescue Committee, Save the Children and the Norwegian Refugee Council all said they were pulling out.

Further to this…

The Department of Justice released a statement earlier this morning, saying:

Ireland will shortly be sending three international protection case work experts to the Greek Islands. The experts will come from the Office of the Refugee Applications Commissioner (ORAC) and the Irish Naturalisation and Immigration Service (INIS).

Ireland will also be offering the services of two members of the Refugee Appeals Tribunal to support the establishment of Appeals Committees. This is also being coordinated by EASO [European Asylum Support Office].

The agreement requires that the return of irregular migrants to Turkey will take place in full accordance with EU and international law. Furthermore, all migrants must be protected in accordance with the relevant international standards and in respect of the principle of non-refoulement.

This contribution will be on top of the four Irish experts sent earlier this year from the Irish Naturalisation and Immigration Service and the Office of the Refugee Applications Commissioner to Greece and Italy to support the relocation of asylum seekers under the EU Relocation Programme.

Ireland is also considering a request from Frontex to EU Member States for the deployment of border Guards to assist in the return of people from Greece to Turkey in compliance with international law. There are some limitations on what Ireland can do, given it is not a member of Frontex, but it would like to help where it can.

Meanwhile, Hannah Lucinda Smith, in The Times reports:

Turkish border forces are shooting refugees dead as they flee the civil war in Syria, The Times has learnt.

Sixteen migrants, including three children, were killed by guards as they crossed into Turkey over the past four months, according to the Syrian Observatory for Human Rights, a monitoring organisation.

An officer in the British-backed Free Syrian Police and a Syrian smuggler living in Turkey said that the true number was higher.

The deaths cast further doubt on an EU migrant deal struck 11 days ago. It classes Turkey as a “safe third country”, meaning refugees can be returned there without fear of persecution.

Update on implementation of the EU – Turkey migration agreement (Department of Justice)

Waiting for the containers (LRB blog, Oscar Webb)

Turks shoot to kill as refugees cross border (The Times)

Previously: ‘Can Ireland Not Do Any More?’

Ireland And The Turkey Refugee Facility

Turkey Basting

Top pic: Oscar Webb

H/T: Subpri.me

Kate-Fitzgerald

Kate Fitzgerald, who was found dead on August 23, 2011

Today’s Irish Examiner reports:

“The Department of Justice is to re-examine the Garda investigation into the 2011 death of PR executive Kate Fitzgerald, after repeated claims from her family the original case was flawed.

In a coroner’s case last year, the death of the 25-year-old PR executive and former chair of the US Democratic Party Abroad in Ireland was ruled a suicide.

However, after subsequent questions from her family, it emerged a number of standard procedures used to rule out other potential causes of death were not followed.

These include a failure to take photographs of the scene before clothing and other belongings were removed; no examination of the cupboard in which Ms Fitzgerald is said to have killed herself; and the absence of a ligature allegedly used during her death.

Ms Fitzgerald’s family were also provided with an “unsolicited” copy of the initial coroner’s report into her death, which noted a bone in her neck that would normally be left untouched in a hanging but is often broken in a manual strangulation case, was fractured.

A Garda Ombudsman review of the case was concluded last year. However, while accepting there were flaws in how the death was examined, the review said it is unclear what impact if any this had on the case as “potential evidence” was not “properly maintained” and is now “irretrievably” lost.

Kate Fitzgerald death probe to be re-examined, (Fiachra Ó Cionnaith, Irish Examiner)

Previously: Kate Fitzgerald on Broadsheet

BlbEL3_CMAEuuoh.jpg large

 

Alan writes:

“Why are the authorities arresting sex workers in this day and age?
Is the moral fabric of the nation at stake?
Genuine question.”

Anyone?

Previously: Turn Off The Red White And Blue Light

Stopping At Red

ianbutt

[Jules Thomas and Ian Bailey, with their solicitor Frank Buttimer, outside the Four Courts in 2012 – after Mr Bailey won a two-year legal battle against his extradition to France over the 1996 killing of Sophie Toscan du Plantier]

Yesterday, the Government announced the terms of reference for Supreme Court Judge Nial Fennelly’s Commission of Investigation.

The investigation will look at the recording of calls, other than 999 calls, to and from Garda stations between January 1, 1980 and November 27, 2013; the Garda investigation into the death of Sophie Toscan du Plantier and the sequence of events leading up to the stepping down of former Garda Commissioner Martin Callinan last month.

Under the terms of reference, Judge Fennelly will also establish whether any of the recorded material has been destroyed and establish “any instances during the relevant period where the Office of the Director of Public Prosecutions made use of the data and information produced by the said telephone recording systems for any purpose”.

Further to this, Ian Bailey’s solicitor Frank Buttimer has told the Irish Times today that he believes the role of the DPP, the Department of Justice and the Attorney General in the Sophie Toscan du Plantier case should be included in the terms of reference.

Mr Buttimer maintains the DPP was aware of concerns surrounding the case and the handling of witnesses – Marie Farrell and Martin Graham – back in the late 1990s, while he said the DPP has also been aware of three senior gardaí meeting with the State solicitor for West Cork, Malachy Boohig, allegedly trying to secure a decision to prosecute Mr Bailey.

We want to know why were these sleeping dogs let lie by the DPP office, the Department of Justice and why did the DPP/Department of Justice knowing all this, allowed the French state come here to seek to remove Mr Bailey from the jurisdiction in what we believe was an unlawful action.”

Bailey solicitor calls for DPP’s office to be included in Garda inquiry (Barry Roche, Irish Times)

Full terms of reference here

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Scenes outside the Department of Justice, Merrion Street, Dublin last night involving protestors from Occupy Dame Street calling on the resignation of Justice Minister Alan Shatter.

(Sasko Lazarov/Photocall Ireland)