The inquiry into the death of Clonmel youth Brian Rossiter, following a period in Garda custody, was defended by Taoiseach Bertie Ahern.
Mr Ahern said that Minister for Justice Michael McDowell was very anxious that the truth came out.
"As I understand it, he is very satisfied that the inquiry, as currently constituted, will allow Mr Hartnett (senior counsel) the powers to summon witnesses and examine them under oath and all aspects of the arrest and detention of Brian Rossiter," he added.
Labour leader Pat Rabbitte asked who had decided on the seven gardaí being inquired into on the list furnished to Mr Hartnett. He also asked why certain gardaí, "who were involved on the night in question", were not included on the list.
He said Mr McDowell had apologised for the manner in which his department had dealt with pleas from the Rossiter family. However, what baffled everyone concerned was why the Commission of Investigation Act, which was put through by the Minister himself only 18 months ago, had not been used to inquire into the situation.
Instead, said Mr Rabbitte, he had used an obsolete and little known piece of legislation from 1924. The legislation allowed him to inquire into the truth of any charge of complaint of neglect or violation of duty preferred against a member of the Garda.
"No one, the Rossiter family included, has preferred a charge against any member of the Garda Síochána," he added.
Mr Rabbitte said the legislation under which the inquiry would be carried out was "obsolete" and "ancient".
Mr Ahern said he had been told the inquiry, as currently constituted, would allow Mr Hartnett to have powers to summon any witnesses and examine them under oath.
Outlining the the case, Mr Rabbitte said that three years ago, 14-year-old Brian Rossiter was arrested, along with two other boys, for public order offences in Clonmel. He was brought to the local Garda station where he was put in a cell on his own. The following morning he was found unconscious in his cell and taken to hospital.
Three days later he died. One of the children arrested with Brian Rossiter had made a formal complaint that he was assaulted by a garda while he was in the cells. He had stated that Brian had said that he, too, had been assaulted, said Mr Rabbitte.
