Joe Costello (Dublin Central, Labour)

I welcome the Minister's motion to establish a tribunal of inquiry into the killings of Chief Superintendent Harry Breen and Superintendent Robert Buchanan. Judge Cory has done valuable work and recommended a valuable mechanism with which to proceed. He said a senior judge should be appointed to carry out an investigation, on foot of which prima facie evidence would indicate whether there was a need for an in-depth investigation resulting in a tribunal of inquiry. In this case, the judge is in no doubt that there must be a tribunal of inquiry. The mechanism recommended constitutes the proper preliminary approach to take to matters of this nature.

The proposed tribunal will be the first in this jurisdiction which relates to the killings which took place during the 30 years of the Troubles in Northern Ireland. It is welcome. We have spent many days, weeks and months examining the two excellent reports produced by Mr. Justice Barron. The cases he examined involved a considerable number of Irish citizens who had been murdered against a background of allegations of collusion. Unfortunately, we have not seen a tribunal of inquiry although we have requested that the British Government establish the Weston Park inquiry in the first instance to determine what the prima facie evidence indicates. Contrary to the response here, there has been no response in Britain to the Weston Park proposals. We must redouble our efforts to ensure the initial inquiry process is set in motion to determine whether a tribunal of inquiry can be established in the jurisdiction of Northern Ireland or Great Britain or, for that matter, here.

The motion before us is the result of the Weston Park negotiations in which the British and Irish Governments undertook to examine certain serious assassinations involving allegations of collusion. Of the two incidents affecting this jurisdiction, the one involving Lord Justice Gibson and his wife was not the subject of a recommendation to hold an inquiry. There has been a recommendation to hold an inquiry into the killings of Mr. Breen and Mr. Buchanan, which is why the motion under discussion is before us. It was also recommended that the British Government should establish inquiries in the cases of Rosemary Nelson, Pat Finucane and Billy Wright. I would have expected a reciprocal approach to have been adopted given that the Weston Park proposals were formulated under the aegis of Judge Cory who recommended each of the inquiries in question. Will the Minister ensure that action is taken on the recommendations as a matter of urgency?

The Weston Park talks took place in 2001 and it took Judge Cory 18 months to produce his recommendations, which he did in September 2003. Having been given Judge Cory's report, it took the Minister a further 18 months to bring forward the motion to establish the inquiry. The delay was unnecessary. Swift action is best. If one establishes a process, it should be ongoing in nature and avoid any hiatus during which it is unclear what approach will be adopted. An early Cabinet decision could have been taken to allow the motion to come before the House 12 months ago. If that had been done, the inquiry could have been completed by now. I would like the Minister to explain when summing up why the initiative to establish a tribunal of inquiry was not taken in the House before now.

The investigation Judge Cory undertook was interesting. There is scope in reading his report to interpret it in two ways and it is difficult to identify which is stronger. Given the high level of Provisional IRA activity on both sides of the Border in the general Dundalk area and the strength of the organisation in the late 1980s, the assassinations of Mr. Breen and Mr. Buchanan could easily have occurred without direct collusion. There may or may not have been a mole within the Garda in Dundalk. However, Judge Cory produced special branch and military intelligence documents which identified individuals who were supposed to have been providing information to the Provisional IRA. The documents outlined specific information said to have been provided on 20 March 1989 from Dundalk Garda station. The man known as Mr. Kevin Fulton made a very precise statement to Judge Cory. Given the totality of the information available to him, I agree with Judge Cory that a full inquiry is appropriate.

The other side of the coin involves trust and confidence in the Garda Síochána. We must be sure of what happened on the day in question and discover whether two senior Northern Ireland police officers were informed on by a member of the Garda or civilians in Dundalk Garda station. We must establish whether there was collusion between a member of the Garda and a member of a paramilitary organisation. If collusion occurred, there will be serious ramifications for the Garda. Until the matter is properly investigated, we will not know. I welcome a full tribunal before which witnesses can be compelled to appear and give evidence. I see no reason that we should not expect all people connected with the matter to give evidence. I hope there is no question of any garda, retired or otherwise, failing to come forward voluntarily.

Equally, I expect the perpetrators of the killing to come forward to give evidence. If they are in this jurisdiction, they should be compelled to appear and, if they are not, I expect them to volunteer. It has not been long since the Bloody Sunday inquiry which involved all sorts of arguments about who should give evidence and in what manner they should provide it. Some British soldiers gave their evidence from behind a screen, their identities being withheld. We must approach the tribunal as one would approach the Bloody Sunday inquiry into the killings of innocent civilians. While Mr. Breen and Mr. Buchanan were, as members of the RUC, in the security forces, they were shot down in cold blood with the coup de grâce probably being delivered after they were dead.

This is a serious matter with serious consequences for the rule of law in Ireland and the way we conduct our affairs. I am delighted, therefore, that the motion has been brought forward and that we will be the first to establish a tribunal of inquiry although it may well be that the findings have adverse consequences for the Garda Síochána. There must be full participation by everyone involved. I appeal to Sinn Féin and the IRA to indicate publicly that they are prepared to participate in this inquiry. They are the only ones who know the full extent of information available at the time of the ambush and the killing.

See this speech in context