A JUDGE was not told that his membership of the Special Criminal Court was terminated. This had led to prisoners being released because of the invalidity of the court's decisions, the Minister for Justice, Mrs Owen, said. She had ordered an inquiry and would inform the House of the outcome.

It was a matter of great seriousness, Mrs Owen said. On hearing of the problems on Wednesday evening she had immediately instructed that a full inquiry be carried out and that the prisoners concerned be released. On the advice of the Director of Public Prosecutions they were rearrested.

On July 2nd last, Mrs Owen said, Judge Dominic Lynch wrote to her reiterating a request that he be relieved of his membership of the Special Criminal Court. She decided to accede to the request and directed the courts division of her Department to prepare a memorandum for Government.

"This was submitted to the Government on August 1st and the Government decided on that day to relieve Judge Lynch from the Special Criminal Court and to appoint Judge Kevin Haugh to that court. A copy of the Government decision was forwarded to my Department by the Government secretariat in the normal way."

The Government's decision was photocopied and circulated by her office to various officials including the courts division. That was in accordance with standard practice for all Government decisions. The standard practice for the division dealing with Government decisions was to take the steps necessary to implement them.

"The precise circumstances relating to the handling of the Government decision to relieve Judge Lynch by my Department are now the subject of a detailed inquiry." Mrs Owen said. "All those who had any responsibility have been asked to make a statement."

She was aware of some of the facts. "I have been advised that disclosure of partial information could be misleading to the House and possibly leave the propriety of the inquiry procedures open to challenge."

The warrant of appointment for the replacement of Judge Lynch was transmitted to the courts "and what is clear, for whatever reason, was that Judge Lynch was not informed of his removal and continued to serve on the Special Criminal Court".

On October 2nd the Attorney General wrote to her indicating that he had been in conversation with Judge Harvey Kenny who stated that there was an impression among the judiciary that Judge Lynch was still a member of the Special Criminal Court. The Attorney requested her to establish whether the Government decision had been notified to Judge Lynch and the President of the Circuit Court.

The letter was received in her private office and referred directly to the relevant section for attention without being brought to her attention. "I have ascertained that draft letters were prepared by the courts division informing Judge Lynch and the President of the Circuit Court of the Government decision. These letters, however, had not been finalised up to yesterday. This aspect of the matter is also the subject of the inquiry now under way.

On Friday, November 1st, the Attorney General wrote to her stating that Judge Lynch still appeared to be functioning as a judge of the Special Criminal Court. "He pointed out that, if true, this could create legal difficulties."

Mrs Owen described seeing the letter as she was on her way to a meeting in Dublin Castle on November 5th. She immediately telephoned the principal officer in the courts division and asked for clarification.

The following day she attended the Belfast talks and spoke to the secretary of the Department later that evening. She was advised by the Attorney General's office that the prosecutions affected should be left to the DPP's office to determine. Her office contacted the DPP's office and the Deputy Garda Commissioner was informed that problems had arisen.

"The Deputy Commissioner indicated that, following consultation with the DPP, he was making arrangements to have gardai in place in case it became necessary to bring prisoners to a court or, another location."

The secretary of her Department informed her that he had no knowledge that the Department had failed to issue notice of the Government decision to Judge Lynch, nor did he know of the correspondence received from the Attorney General.

The secretary immediately telephoned the principal officer of the courts division for information. "He was informed that notice had not issued to Judge Lynch, that the judge had continued to sit in the Special Criminal Court and that an issue arose about the validity of decisions made by the court in cases heard by Judge Lynch."

The secretary of the Department stated that the issues raised did not involve a flaw in criminal proceedings themselves but related to the capacity of the court to make valid decisions in the circumstances. He could not purport to give formal legal advice and said this, properly speaking, would be a matter for the Attorney General.

The DPP also said that if proceedings were instituted by the prisoners they would need to be brought to court. He indicated that he was in contact with the Garda on the matter.

The senior legal assistant in the Attorney General's office advised that the court decisions were "unsound for legal reasons" and that he would be in contact with the Attorney who would probably take his own advice from counsel.

The principal officer responsible for prisons was advised that prisoners whose cases were heard by Judge Lynch as a member of the Special Criminal Court might had to be released soon either to attend court to travel elsewhere.

While she was attending the Michael Collins film she was contacted by her departmental secretary. "He said that if I was in the cinema I should be asked to leave to speak to him. I spoke to the secretary at about 10.20, 10.30 p.m. and, having heard the legal advice and the secretary's recommendation, I ordered that the prisoners be released.

"I also directed the secretary to conduct an immediate investigation into all the circumstances and report to me at the earliest opportunity. That investigation is now underway and all staff now believed to have had an involvement in this matter have been asked by the secretary to make written statements."

She had accepted a recommendation from the secretary that to avoid any suggestion of lack of objectivity a person or persons from outside the Department should be involved in the inquiry. She had asked the secretary to discuss this with the Department of the Public Service.

The Taoiseach's private secretary was informed at about 11.50 p.m. on Wednesday and the Taoiseach became aware of the situation at about 12.15 a.m. yesterday.

Because of the number of prisoners involved, extra prison staff were called back to duty at Portlaoise. "The secretary asked both the principal officer in the prisons division and the Deputy Garda Commissioner to let him know when the prisoners were released and whether they had been re arrested. I was in touch with the secretary by phone on several occasions during the night and asked him to inform me immediately the releases had taken place.

"The secretary was advised at about 2 am. that all of the prisoners had been released and re arrested and he then conveyed that message to me."

Earlier yesterday, Mrs Owen said she was advised that a further prisoner should be released from Portlaoise as it was confirmed that his case had been dealt with by Judge Lynch subsequent to August 1st. That person had also been released on her instructions and re arrested by gardai.

Also yesterday she was advised that five further persons who had appeared before Judge Lynch in the Special Criminal Court since August 1st were granted bail. She had asked the Attorney General to advise on that situation.

She conveyed her own and her Department's regrets "to those who have been inconvenienced in any way because of my Department's failure to follow standard procedures in this case."