Minister for Justice Helen McEntee has rejected a call to establish a judge-led commission of inquiry into the murder of a former senior Sinn Féin official and MI5 agent in Co Donegal 18 years ago.
Denis Donaldson was shot dead in a remote cottage in Glenties in April 2006, four months after fleeing Belfast following his exposure as an agent for the police and British security services.
Nobody has ever been convicted in connection with his murder and an inquest into the killing has been adjourned 27 times following requests from gardaí.
His family has alleged that some police officers who handled Donaldson during his 20 years as an agent were complicit in his murder.
A number of well-known public figures, including former Northern Ireland police ombudsman Nuala O'Loan and former human rights commissioner Monica McWilliams, wrote to the minister in April 2021 asking her to establish a judge-led commission of inquiry.
Their letter stated: "An allegation of State complicity in a criminal conspiracy which leads to the murder of a citizen is among one of the most serious crimes in any society.
"It is also clear that there is other information held by State agencies, north and south, about the events surrounding Mr Donaldson's murder which continues to be withheld from his family and from any independent scrutiny.
"Finally, there is a wider public interest in establishing the full extent of State complicity in unsolved murders throughout the conflict."
However, in a letter received by lawyers acting for the family earlier this week, Ms McEntee rejected the request, more than three years after it was made.
"In the circumstances, and particularly in the light of an active ongoing criminal investigation by An Garda Síochána in this jurisdiction, I do not believe that it would be prudent to consider the establishment of a commission of inquiry in this jurisdiction," she said.
In a statement, the Department of Justice said Donaldson's murder was "a callous act of violence".
It added it was "regrettable that to date it has not been possible to bring those responsible to court to answer for their actions."
"Inquiries and/or investigations related to the death of Mr Donaldson have been undertaken both in this jurisdiction and in Northern Ireland,
"The Garda Authorities are conducting an ongoing investigation into the killing of Mr Donaldson. Extensive inquiries have been carried out in this regard. That investigation is open and active, and a Family Liaison Officer is assigned to the family.
"The inquest into the death currently stands adjourned to a future date in light of the ongoing criminal investigation. The provisions of section 25 of the Coroners Act 1962 (as amended) provide that a Garda may request the coroner to adjourn an inquest on the ground that criminal proceedings in relation to the death are being considered.
"While it is appreciated that the adjournment of these proceedings will be a matter of concern for the family of Mr Donaldson, these adjournments arise in circumstances where the criminal investigation into the death is ongoing in order to ensure that the criminal proceedings are not compromised by the conduct of an inquest."
Donaldson's daughter Jane accused the Government of double standards in its approach to dealing with the legacy of the Troubles.
"The Irish Government is publicly demanding an Article 2 compliant approach to legacy cases in the north of Ireland while it continues to refuse to provide an Article 2 compliant investigation into my father's murder," she said.
"In the two decades since my father's murder, no Irish government minister has been willing to meet my family and account for its double standards and differential treatment.
"Whilst others - like agent Stakeknife - were shielded and shepherded away to safety, my father was left exposed and given no protection."
In March 2022 a report by Northern Ireland's Police Ombudsman Marie Anderson said there was no evidence that PSNI officers had leaked information about Denis Donaldson's whereabouts prior to his murder.
However, the Ombudsman did say police should have done more to protect Donaldson after a newspaper tracked him down and confronted him in Donegal just two weeks before he was shot dead.
Responsibility for the murder was claimed by the dissident republican group known as the Real IRA three years after the shooting, but the family does not accept that claim.
There have been claims that the Provisional IRA may have been directly or indirectly involved in the killing.
Gardaí have refused to give Donaldson's family a journal he had been writing in the weeks before he was killed, citing "national security" concerns.
