The Sub-Committee on the Abbeylara Incident has rejected the submissions it did not have the capacity to make findings of fact or findings of culpability in relation to the death of Mr John Carthy.
The submissions were made by Mr John Rogers SC on the behalf of a number of gardaí.
Reading the committee's rejection of Mr Rogers's submission, the chairman, Mr Sean Ardagh, said: "If a properly constituted inquiring body is give the function of reviewing a Garda report into events that are considered to be of public importance it is legitimate in the sub-committee's view for the body to investigate the facts and if so minded following proper consideration and in accordance with fair procedures to reach conclusions independent of the findings of the garda report, whether that is prepared by or on behalf of the commissioner or accepted by him or by any other officer of the force."
Earlier lawyers representing the family of John Carthy told an Oireachtas inquiry that the family would have to withdraw from proceedings if their legal representation was strictured.
However Mr Michael O'Higgins SC for certain members of the family said they did welcome the inquiry.
In submissions this afternoon, both lawyers for the Carthy family and for certain members of the Garda, called for a full independent judicial inquiry into the incident.
Earlier the sub-committee chairman Mr Sean Ardagh TD stated the committee's wish that they would only resort to using lawyers when necessary. Mr O'Higgins, in his submission, stated his clients' desire to cross-examine every member of the Garda who are to appear before the inquiry.
Mr O'Higgins said that if his clients' legal representations were to be strictured then they would be forced to put that on record and withdraw from the proceedings.
This morning Mr Ardagh outlined the terms of reference of the inquiry saying the sub-committee would consider the report of the Garda into the incident.
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He added the inquiry would examine the shooting itself, the illness or state of health of John Carthy, the use of fire arms, the role of the Garda, and other issues, including the role of the Coroner and the function of the inquest, the role of the Department of Justice and the relationship between the Department and the Garda.
It will hear evidence from a range of people including gardaí, the Garda Commissioner Mr Pat Byrne, the State Pathologist Dr John Harbison, and members of the Carthy family.
John Carthy was killed last year in Abbeylara, Co Longford by Garda marksmen after a seige at his house.
Yesterday, representatives of gardaí and civil liberties groups have called for a public inquiry.
The Garda Representative Association (GRA) and the Association of Garda Sergeants and Inspectors (AGSI) said, in a joint statement: "We now conclude that the only way of establishing the full facts, to the satisfaction of all the parties, is by setting up a full, independent judicial inquiry."
The director of the Council of Civil Liberties, Mr Donncha O'Connell, said the inquiry appeared to be "a rerun of the inquest held at Longford with the vague possibility of stronger recommendations at the end".
Mr O'Connell, along with Mr Joe Higgins TD, was today denied audience at the inquiry.
A memorial service for Mr Carthy was held in Abbeylara at the weekend. He was shot dead by gardaí on February 20th, 2000, on leaving his home after a 25-hour siege.
The six TDs and one senator sitting on the committee are to visit the scene of the shooting tomorrow.
The sub-committee has been established by the Joint Committee on Justice, Equality, Defence, and Women's Rights for the purposes of consideration of a report referred to the Joint Committee by both houses of the Oireachtas last October.
The inquiry will hear its first witnesses on Thursday.