Reply by the Minister for Justice, Equality and Defence, Alan Shatter TD re The need to establish a commission of investigation into the case of a particular person: Cynthia Owen

I wish to thank Deputy Boyd Barrett for raising this important matter.

I fully understand the detailed concerns that have been raised in relation to the infant who died in such terrible circumstances and I am, of course, deeply conscious of the ongoing profound trauma and distress of the mother of the child concerned.

Indeed, the House will be aware that concerns raised by myself and many others regarding this case led to the appointment in 2007 of an independent Senior Counsel, Mr Patrick Gageby, by the then Minister, to conduct a thorough examination of the matters relating to this tragic death.

Mr. Gageby’s terms of reference provided for a comprehensive review of all of the relevant information concerning the death of the child in question, as well as the complaints made regarding the Garda investigations into the incident.
Mr. Gageby reported in September, 2007 and having considered its recommendations, the then Minister accepted its findings. In keeping with those findings he decided against establishing a further inquiry.

Insofar as the question of criminal investigation into the case is concerned, it is important to note that, in addition to the original Garda investigation, a number of further Garda investigations have been carried out over the years in response to statements made to the Gardaí by the mother of the infant. On foot of these investigations, files were submitted to the Director of Public Prosecutions, who on each occasion directed that no prosecution take place.

A further investigation file was also submitted to the DPP in the context of matters which came to light following the coroner’s inquest in 2007 and again no direction to prosecute was received.

Insofar as the question of any further criminal investigations into these distressing events is concerned, the House will appreciate that I have no function in relation to the initiation, management or direction of criminal investigations, which are a matter for the Garda authorities, nor in relation to the prosecution of offences, which is a matter for the Director of Public Prosecution. It remains at all times, of course, a matter for the Garda authorities to consider the question of any further criminal investigation.

I can also inform the House that I received a petition with a significant number of signatures on behalf of mother of the child concerned on 4 April calling for an independent inquiry. Further correspondence was also received from her legal representatives raising complex issues of concern. On foot of this I sought a full report from the Garda authorities on the issues raised and on the contact which I understand is taking place between local Garda management and the person’s legal representatives. In this regard I am advised that senior local Garda management has met with the legal representative of the person in question in order to assess the issues of concern which have been raised and with a view to attempting to revolve those concerns. I am advised that the most recent meeting took place on 31 March 2014. I understand in that context they have conducted some further enquires and the matter is presently ongoing.

As soon as I receive and consider the report I have sought, I will be in a position to communicate further with the person in question, including with respect to her call for a further inquiry into these matters.