Bertie Ahern (Dublin Central, Fianna Fail)

Two major issues are involved, as regards the first question. I will repeat what I said earlier. As we get into the discussions the litmus test must be whether any proposals meet the test of partnership, where there is cross-community consent, support for people working together in a devolved executive and in an Assembly. That is the crucial issue in all of the statements. The proposals being put forward by all the parties are interesting. We should acknowledge the work and effort being put in by the parties and their backroom advisers in presenting interesting papers on the review. However, it is important that is clear that what is being discussed is the operation of the Agreement, not its fundamentals. We will not be talking about the fundamentals of the Agreement, but let us see what progress we can make in the talks.

We are not involved in strand one, which is the DUP proposal. We have an interest in the overall balance so we will maintain that issue. Ultimately, the reply to Deputy Kenny's first question is that there are two issues to which we keep coming back. First is to get a devolved working partnership on the basis set out in the Good Friday Agreement. That will only be achieved and people will only work together if there is an end to paramilitarism and all associations with it. That is clear. It is also clear that, unless everybody's mandate and position is respected, there will be no progress. The review process faces the challenge of dealing with both issues as best and as fully as possible. I have discussed this matter with all sides and will discuss it again next week with the leadership of Sinn Féin. It is essential we deal with these issues.

We are now into the second week of the review. Everybody has agreed to two full-day meetings. Obviously, other meetings will take place on the other days and parties have agreed to co-operate. The review commenced in a good atmosphere with no difficulties, walk-outs or problems such as arose in the past. That is positive.

The Deputy's second question related to the Barron report. The committee considering that issue is meeting today and will continue its meetings until it reaches its conclusions. The committee must work its way through the report. Many people involved in past and current activities are giving their views to the committee. I would rather await the outcome of that body's report. I am monitoring what is happening at the committee.

I gave my view on the matter a few weeks ago in reply to a question from Deputy Rabbitte. We should not under-estimate the level of inquiry that has taken place during the past four years. That inquiry was first overseen by the former President of the Supreme Court, the late Mr. Justice Hamilton, and later by a current member of the Supreme Court, Mr. Justice Barron. All the work done and evidence obtained on this matter from the Garda, the Department of Justice, Equality and Law Reform, and other Departments and agencies in co-operation with the different Secretaries of State in Northern Ireland and the British departments is contained in the report now under examination. I have tried many times in recent years to obtain as much information as possible in that regard. While I am not against another investigation, I do not think it will be possible for another person to discover issues not discovered by Justices Hamilton and Barron.

I made a promise last week to try to find out more about the missing files. Mr. Justice Barron believes files exist in some areas. The Department of Justice, Equality and Law Reform has stated that, following extensive examinations over the years, it is still unsure whether the files are missing or if they ever existed. I stated last week that this matter had been examined by the Garda Commissioner. That information was incorrect; the Garda Commissioner did not examine the matter. However, an extensive check was made to find out if the files ever existed.

A number of former Ministers who have appeared before the Oireachtas inquiry expressed doubts about the existence of the files. Bringing in an international judge from Canada or Australia will not improve on that situation. No member of the Garda or person currently employed in the Department was around at that time. Members should consider this matter carefully. The late Mr. Justice Hamilton worked very hard on and put a great deal of time into the inquiry, as did Mr. Justice Barron. The matter will not be resolved by bringing in an international judge or by seeking information in other areas. We must leave this matter to the Oireachtas committee and Mr. Justice Barron. I have an open mind on the issue but am reluctant to pretend we will get any further with it by commencing another process for another four or five years. That is the difference.

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