Micheál Martin (Cork South Central, Fianna Fail)

The core of the issue is the necessity of a substantive response to the inquiries of any independent commission or tribunal. We must reflect on that. Diplomatic channels do not of themselves undermine, in any shape or form, the independence of any inquiry. Any documentation that comes via diplomatic channels is sealed and there is no access by the State to the materials contained within. It is important to point out that diplomatic channels have been used frequently in the past by independent statutory bodies. The tribunals of inquiry have sought assistance from the authorities of foreign states via the diplomatic channel because such tribunals, while domestically wholly independent of Government, are State bodies and are so regarded in international law. For example, the Flood tribunal, in 1999, sought assistance from the UK authorities, as did the Morris tribunal in 2003. The Office of the Director of Public Prosecutions, which was established in 1974 and is independent in the performance of its duty, has also used diplomatic channels. The issue is the importance of receiving a substantive response to fundamental questions asked by an inquiry.

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