The Minister for Justice, Mr McDowell, decided to publish the Morris tribunal interim report yesterday after being advised that it would not prejudice any criminal proceedings.
Correspondence accompanying the report shows the Garda Commissioner's office informed the chairman of the tribunal, Mr Justice Morris, that the DPP had directed that there would not be any prosecution in relation to 12 incidents which fell under the tribunal's terms of reference.
It further advised the tribunal that it was awaiting directions from the DPP relating to four other incidents.
The four incidents being considered by the DPP include:
Mr Justice Morris told Mr McDowell via letter on July 2nd that while the tribunal report discussed some of these incidents, it did not make any specific findings in relation to the four incidents.
As a result, it was his view that publication of the report would not prejudice any criminal proceedings.
If the Minister had considered that publication of the report may have prejudiced any criminal proceedings, he would have been entitled to apply to the court for directions relating to the publication. This is provided for under section 3 of the Tribunal of Inquiry Act 2002.
