Dáil debates

Wednesday, 23 March 2005

Tribunals of Inquiry: Motion.

 

12:00 pm

Photo of Charlie O'ConnorCharlie O'Connor (Dublin South West, Fianna Fail)

As a member of the Joint Committee on Justice, Equality, Defence and Women's Rights, I welcome the opportunity to speak on this motion and to compliment the Minister. I have never disguised my admiration for the Minister's work. He is having a difficult week — even as we speak there is a crowd at the gates on Kildare Street chanting his name. He has been under pressure and, like Deputy Curran last night, I compliment him for being in the House. As a result of their busy schedules, Ministers are often unable to be present but the Minister is here and it is good that he hears our contributions.

It is important to note that nearly all parties support this motion, although reservations have been expressed. This business, however, will be warmly welcomed and will enjoy widespread support. The Joint Committee on Justice, Equality, Defence and Women's Rights is very busy. It meets several times every week and deals with many issues. This morning we dealt with submissions on community policing. That is meaningful work where those of us involved make a contribution.

There is a sense that the public want closure on these matters. It has been said that there is no place in Irish politics for the violence, murder and mayhem that we experienced on all sides. I am no apologist for the British establishment and can be critical of the British Government.

There is no question that we must remember all those who were murdered, and those of us who are elected should not be afraid to say that. Particular emphasis has been placed on the cases of Pat Finucane, Robert Hamill, Rosemary Nelson, Billy Wright, Lord Justice Gibson and his wife and the two men about whom we are speaking today, Chief Superintendent Harry Breen and Superintendent Bob Buchanan. The Minister has explained why we are only getting to this business today and it is important that we deal with these issues and move on.

I have a particular interest in the Dublin bombing, an issue that affected many of my constituents. I remember the shock and horror of those events, particularly people not knowing where family members were and waiting for them to arrive back. All those killings sent shock waves through the State and it is right that we do not forget them.

The events we are discussing in this motion took place in 1989 and even those of us who did not know these individuals are entitled to be shocked at the manner in which they died and the manner in which these acts were supposedly perpetrated on behalf of the Irish people. They were not, and everyone in Ireland was deeply shocked by them, as they were by many others.

I commend the Minister for bringing this motion to the House. I hope all parties will support the Minister and allow him to establish the tribunal so it can carry out its business. We should remember the motion refers to events on 20 March 1989, when two serving RUC officers were shot dead in what was described as an ambush just north of the Border. They were returning from a meeting with a senior Garda officer in Dundalk Garda station and the Provisional IRA claimed responsibility for the shooting. Some colleagues have used the word collusion, but there were allegations that a garda or a civilian employed in the force advised those directly responsible for the killing or members of their organisation of the visit of the two RUC officers to Dundalk. There are suggestions the person advised them of the time the RUC men left the Garda station in Dundalk.

As part of the Weston Park agreement, the British and Irish Governments made a commitment that if a public inquiry was recommended in any case, the relevant Government would implement that recommendation. Accordingly, the Irish Government is committed to holding an inquiry into allegations of Garda collusion in the killings of the two RUC officers.

I am critical of the failure of the UK administration, particularly in Northern Ireland, to co-operate with the Oireachtas joint committee dealing with the Barron report. I am not afraid to say as much because at this point in Irish history, given the progress that has been made and the wish to ensure enduring peace on this island, every co-operation should be given to investigations and tribunals. There are still many unresolved issues surrounding the Barron report and I believe that the Minister, like me, would be happy to see progress and, indeed, closure in that regard. There are still issues relating to that matter on the Minister's desk and I wish him well in dealing with them.

On 16 December 2003 the Minister announced that the Government would hold a public inquiry into the murder of these officers. He also announced that the public inquiry would take the form of a tribunal of inquiry, pursuant to the Tribunals of Inquiry (Evidence) (Amendment) Acts, and that he would give the tribunal the scope to inquire into the allegations that employees of the State colluded in that fatal shooting. The Minister further announced that the terms of reference of the tribunal would be drafted in consultation with the Attorney General and would be the subject of a Government decision and approval by the Oireachtas. On 6 July last, the Government authorised the Minister to lay the necessary resolutions before the Houses of the Oireachtas to enable the establishment of the tribunal of inquiry according to the formulation contained in the appendix, which constitutes the tribunal's terms of reference.

It is important that this motion has wide support in the House. I appeal to colleagues to support it. It is time these matters were dealt with and we moved on. While people are entitled to make political references and points, we are dealing with serious business and we must make progress. Other colleagues and the Minister have paid tribute to Judge Peter Cory, the retired Canadian Supreme Court judge, and I am happy to agree with them. It is important to recognise the tremendous service he has given in this matter.

The terms of reference given to Judge Cory were to review all the relevant papers in the cases, including the records of earlier investigations; to interview anybody who he believed could assist with the examination; to establish the facts as far as practicable and subject to the law of the various jurisdictions; and to keep the relevant governments informed of progress in a reasonable manner. The judge was asked to submit reports, including in circumstances where there was an insufficient basis to establish the facts in a case. He was further asked to ensure that the reports would include recommendations for further action, including the holding of a public inquiry.

The judge was requested to hear the views of the victims' families and to keep them informed of progress. In all crime, particularly a horrendous crime such as this, the victims are sometimes forgotten. It is important that legislators bear that in mind and continue to stress to the Department the need to bring forward recommendations and proposals which support victims. I am aware of the ongoing issue of the future of Victim Support and I have received a number of representations in that regard. The victims of the incident we are discussing today need closure. They will be watching today's proceedings with great interest and concern. They will be anxious to see progress and the prospect of closure.

Judge Cory delivered six reports to the two governments, two to the Irish Government and four to the British Government, in October 2003. He made the point that his investigation will, in a small measure, contribute to the difficult task of achieving peace and reconciliation in Northern Ireland. It is important, during Easter week, to recall our history and to bear in mind that peace is the issue. All Members have spoken about supporting peace initiatives, the Good Friday Agreement, legitimate politics and legitimate means of achieving one's political aims. That is relevant at any time but it is particularly relevant during Easter week when we recall our history and the origin of this State. I hope today's business will be seen in that positive light.

The Minister has been under much political pressure this week but I hope he is aware of the support he has in introducing this measure today. There is a belief that this matter should progress as quickly and effectively as possible. As other Members have mentioned, with a political motive which I do not share, this tribunal need not go on forever. That is not what the public wants or what the victims and families expect. It is important that the tribunal is established quickly, does its business and is encouraged to report as quickly as possible. The last thing we want is another long-running tribunal.

I look forward to supporting the Government on this motion.

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