Enda Kenny (Mayo, Fine Gael)

I do not believe there is any scandal involved in complying with the conditions of the motion that set up this tribunal, which has been sitting for more than six years, which has begun public hearings and which, in accordance with the motion setting it up, was required to produce an interim report. It is only right and proper that while respecting the right of the sole Chair and his independence in doing his job, at the same time the taxpayer, who funds this, should be entitled to a progress report at intervals as to how the tribunal is doing its work. As I have made clear before, if the Smithwick tribunal comes back here in the autumn and suggests it is unable to complete its work for given reasons, the House must make a decision on that.

This is not about tribunals conducting their work in secret indefinitely. It is a case of respecting their independence and allowing the sole member to conduct his business in accordance with the motion to set up the tribunal but it is also about understanding that the taxpayer funds the bill at the end of the day. There have been discussions in the House before about the Flood and Moriarty tribunals and all the tribunals that have gone on for many years. When I was on the other side of the House, there were claims from Members that they should be expedited, that interim reports should be produced and that they should be concluded by particular dates. In this case, we require an interim report, which we now have. If Mr. Justice Smithwick comes back in the autumn with reasons he is unable to conclude the tribunal report inside a particular time, then it is a matter for the House to decide and discuss and to make its decision in that regard. The Deputy can take it that there is no intention to interfere with the work and the responsibilities of the Justice in this tribunal.

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