Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

This is the first occasion on which this Dáil has had an opportunity to consider passing resolutions for the establishment of a tribunal under the Tribunals of Inquiry

(Evidence) Acts 1921 to 2011. It is a significant occasion for any Dáil to pass such a resolution because, to a large extent, once a tribunal of inquiry is established by the Houses of the Oireachtas we sort of lose control of how it operates. This is why it is so important that we pay careful consideration to the terms of reference and we ensure when we are drafting them we are not giving the tribunal a task that is going to be excessively broad or take an inordinate length of time to complete.

The process by which a tribunal is established is that both Houses of the Oireachtas pass resolutions and after that the Tánaiste signs a statutory instrument giving effect to the commencement of the tribunal. It should also be noted that every tribunal in recent years has happened in response to a political campaign in respect of issues of public importance. This is why the members of the Women of Honour group deserve to be commended on bringing about the establishment of a tribunal of inquiry. Everyone in this House will be aware that many people come before us looking for investigations, inquiries and tribunals of inquiry. Many of them come with very meritorious stories. Obviously, though, we must be discerning and we must exercise our judgment concerning whether we establish a commission of investigation or, indeed, a tribunal of inquiry. The members of the Women of Honour group can recognise the fact, and should gain pleasure from the fact, that their campaign has succeeded in establishing a tribunal of inquiry.

There is a responsibility on us as Members of the Oireachtas to ensure that the terms of reference are accurately defined and that we do not give the tribunal a job that will take it an inordinate amount of time to undertake. We must also look at our experience of setting up tribunals of inquiry. We set up a very efficient tribunal of inquiry in the last Oireachtas, namely, the disclosures tribunal. It was very efficient. It lasted for six years and did its work very efficiently. Other tribunals recently established included the Smithwick tribunal, which took eight years, and the Morris tribunal, of which Deputy Howlin will be aware, which took six years. We must be fair and honest with the public in recognising that when we set up a tribunal of inquiry, it takes an inordinate and lengthy time. This is why we must exercise our judgment in trying to put forward terms of reference that do not require the tribunal to spend an inordinate amount of time investigating a very broad range of issues. I think the terms of reference put forward are concise and seek to investigate the central issue of public importance, which is whether the complaints processes in the Defence Forces, in relation to complaints of abuse, were appropriate and fit for purpose and were followed.

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