Trevor Sargent (Dublin North, Green Party)
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Question 1: To ask the Taoiseach the progress of the McEntee commission investigating the 1974 Dublin and Monaghan bombings; and if he will make a statement on the matter. [36690/05]

Pat Rabbitte (Dublin South West, Labour)
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Question 2: To ask the Taoiseach when he expects to receive the report of the McEntee commission into aspects of the 1974 Dublin and Monaghan bombings; and if he will make a statement on the matter. [37655/05]

Joe Higgins (Dublin West, Socialist Party)
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Question 3: To ask the Taoiseach the expected timeframe for the completion of the report of the commission of investigation into the Dublin and Monaghan Bombings 1974. [38011/05]

Enda Kenny (Mayo, Fine Gael)
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Question 4: To ask the Taoiseach the costs which have accrued to his Department in respect of the McEntee commission; and if he will make a statement on the matter. [38081/05]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 5: To ask the Taoiseach if he will report on the progress of the commission of inquiry into matters relating to the Garda investigation into the Dublin and Monaghan bombings and missing Garda and Department of Justice, Equality and Law Reform files; and if he will make a statement on the matter. [38706/05]

Enda Kenny (Mayo, Fine Gael)
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Question 6: To ask the Taoiseach if he will report on the recent work of the McEntee commission; and if he will make a statement on the matter. [39778/05]

Bertie Ahern (Dublin Central, Fianna Fail)
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I propose to take Questions Nos. 1 to 6, inclusive, together.

In line with the recommendations in the final report of the Joint Committee on Justice, Equality, Defence and Women's Rights on Mr. Justice Barron's report into the Dublin and Monaghan bombings of 1974, the McEntee commission of investigation was established to examine certain aspects of the investigation in this jurisdiction of the Dublin and Monaghan bombings in 1974, arising from findings made by Mr. Justice Barron.

I previously granted an extension of the timeframe for the completion of the report from 14 November 2005 to 31 January 2006. I also published an interim report from Mr. McEntee and placed a copy in the Oireachtas Library.

Earlier this month, Mr. McEntee wrote to my Department stating that more time was required to complete the inquiry in order to pursue a possible new line of investigation that had recently arisen. He therefore requested a further extension of the timeframe until 28 February 2006. I have granted that extension.

He also provided me with a further interim report, as required by legislation. I have decided to publish that report today and will place a copy in the Oireachtas Library. That report is procedural in nature.

To date, some €925,000 has been expended on the commission of investigation. It is envisaged that the total cost of the work of the commission will be approximately €1.215 million. It should be noted that, notwithstanding the extensions which have been granted to Mr. McEntee, the cost and timeframe of this investigation are both significantly below that likely to apply to a tribunal of inquiry into similar matters. I am grateful to Mr. McEntee and his staff for the expeditious and effective way in which they have conducted their work.

Trevor Sargent (Dublin North, Green Party)
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Will the Taoiseach raise this matter with the British Prime Minister, Mr. Tony Blair? I understand he will meet him tomorrow. It will soon be the sixth anniversary of the beginning of the investigations into the Dublin and Monaghan bombings. Will the Taoiseach take into account that to date we have not managed to obtain all the necessary information to satisfy the need for answers the families of victims have in particular and all of us have in general, given the bizarre events of that time? Given that the Barron inquiry and the Oireachtas hearings were not statutory and that the McEntee commission of investigation is examining the Garda inquiry but does not deal with collusion, is the Taoiseach still open to the need for a public tribunal of inquiry on this matter? Will he put any further questions to the British Prime Minister to bring forth the information? Will the Taoiseach tell him how far he is prepared to go to ensure we get to the bottom of this matter?

Bertie Ahern (Dublin Central, Fianna Fail)
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I will go over my response again because I know there was quite an amount of noise when I began my reply. We should not discount what the sole member of the commission, Mr. Paddy McEntee SC, stated in his report and his requirement for more time. He states that on 11 January he received an offer of a meeting with certain entities whose assistance and co-operation he had been assiduously seeking for some considerable time. He believes there is a likelihood one or more of these entities has in their custody evidence, documentation or information relevant to the specific matters covered by the terms of reference of his investigation. He states in his letter to me that he is satisfied were the commission not to attempt to follow up this possible new line of investigation, it may not be available in the future. It is for that reason we gave the extension of time.

This is an important move on the part of those unspecified entities. It is a helpful move in the process and not just in terms of what Mr. McEntee is doing on the Garda investigation, the issues relating to Portland Row and the Four Courts Hotel and security individuals on the docks. It is to be hoped that this development will help to bring more clarity to the situation. For that reason, at the request of the McEntee commission, we agreed to the extension of time to allow those meetings take place.

It has come about through the efforts of this House, my raising the issue with the British Prime Minister, Mr. Blair, and the assiduous efforts of Mr. McEntee in making clear what he requires.

Trevor Sargent (Dublin North, Green Party)
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I asked two basic questions. A "yes" or "no" answer will do. Will the Taoiseach raise the issue with British Prime Minister, Mr. Tony Blair and is he open to a public inquiry on the matter if necessary? I heard the answer given.

Bertie Ahern (Dublin Central, Fianna Fail)
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I was attempting to highlight the more significant point.

Trevor Sargent (Dublin North, Green Party)
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I heard it already.

Bertie Ahern (Dublin Central, Fianna Fail)
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I am glad. I will raise with Mr. Blair the point on whether the information will be made available. I told the House that meetings have been arranged to discuss the information. I always raise the issues with him. In terms of a full inquiry into all the aspects from throughout the period, most of these issues are from a long time ago and that process will not work.

Pat Rabbitte (Dublin South West, Labour)
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I understand what the Taoiseach stated on the extension of time. When does he believe Mr. McEntee is likely to submit his report? Does the Taoiseach know whether Mr. McEntee is satisfied with the level of co-operation he receives from the Garda Síochána and the Department of Justice, Equality and Law Reform? In particular, is the Taoiseach in possession of any information about the files that went missing which, if not critical, seem to be relevant to this inquiry? Will the Taoiseach give assurances to the House in the event of persons being revealed to be responsible for these events that they will not be covered by an amnesty or protected from due process?

Bertie Ahern (Dublin Central, Fianna Fail)
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I will publish Mr. McEntee's second interim report which includes some procedural detail that explains his progress on this matter. Rather than second-guessing him, I will make the report available. I do not have information to suggest he is unhappy with the level of co-operation and assistance he receives. I know a large number of previously uncovered files have been uncovered for him during the examination. I understand the extension date he has requested is 28 February and I have granted that extension. I do not want to state the matter will not arise again but that is the extension he has requested.

It was never likely that the people involved in the Dublin and Monaghan bombings would surface at this stage, even under a possible amnesty. The Barron inquiry has shown that many of the people suspected of being involved are long since dead and it is unclear whether those still alive are in the jurisdiction.

Joe Higgins (Dublin West, Socialist Party)
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The Government gave an initial extension until 31 January and one of the reasons given was that the Garda Commissioner was asked to invoke certain procedures available to him to obtain for the commission disclosure of documentation relevant to the investigation that was not available at the time. Does the Taoiseach know what progress was made in this regard? Another reason for the extension was to allow the commission to meet certain personnel and see certain documents on the British side. Does the Taoiseach know what progress was made in this regard?

Previously in the Dáil the Taoiseach was asked questions on whether the European Court of Human Rights should be approached in light of the British authorities dragging their feet, to put it mildly, in giving information to help these investigations. Has the Taoiseach advanced that idea any further?

Bertie Ahern (Dublin Central, Fianna Fail)
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To repeat again, the McEntee commission reported on 11 January that various groups were prepared to communicate with it and assist it with information the commission believes they have. Mr. McEntee has assiduously followed up these issues. He believes it is worth engaging to try to obtain that information. The commission is following a definite line.

Regarding the issues relating to the Garda and the Department of Justice, Equality and Law Reform, the commission heard evidence from a significant number of persons within the jurisdiction. These persons also disclosed a variety of relevant documentation and information. In a number of instances, portions of the disclosed documentation contained sensitive information that would be privileged from disclosure in ordinary court proceedings. Where this situation arose, the commission generally succeeded in obtaining access to such documentation for the purpose of inspection and for the use of the investigation of all of the relevant portions of that information and documentation, taking into account its sensitivity. We can take from that and from the report I am publishing today that Mr. McEntee has been able to obtain that data and information. He now seeks an extension to follow the remaining parts of the work.

As for the European Court, the Attorney General has followed up that issue. As happened with the families, the courts considered the matter to be out of time. The Attorney General's view is that while we should not give up pressurising and campaigning on this issue, given that 30 years have passed, taking a similar case in similar circumstances would not yield much.

In reply to Deputy Sargent's question at the outset, we are now awaiting the final part of the report from Mr. Justice Barron, which will be available shortly. It deals with the bombs in Castleblayney, Dundalk and Dublin Airport as well as with the Silverbridge and Miami Showband attacks and will bring an end to the comprehensive examination of all the issues under investigation between late 1970 and 1976. It will be a comprehensive report on all aspects, in so far as all available documentation from within the State and all on which we were able to get our hands from outside the State are concerned. Some aspects, such as the Seamus Ludlow case are now before the Joint Committee on Justice, Equality, Defence and Women's Rights Sub-committee on the Barron Report while others have been dealt with by the sub-committee. The value of the process in which we have been engaged for the past few years is that we have put together the first comprehensive investigation of these matters. In the case of the Dublin and Monaghan bombings, this has been done for the first time in 35 years. As I have stated repeatedly, we must always remember that one of the tragedies in this respect was that the Garda investigation of the Dublin and Monaghan bombing of May 1974 closed in August 1974. Hence, this is the first time we have had an entirely comprehensive examination of everything on which we could possibly physically put our hands.

Enda Kenny (Mayo, Fine Gael)
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What costs have accrued to the McEntee inquiry? Does the Taoiseach have a final date for its completion?

Bertie Ahern (Dublin Central, Fianna Fail)
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The date is 28 February. To date, the overall cost, as against what it would be if this was a tribunal, is €925,000, with a projected total cost of approximately €1.25 million.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The Taoiseach referred to Mr. Justice Barron's inquiry as being comprehensive. Does the Taoiseach agree that while Mr. Justice Barron has unquestionably pursued the issues diligently, it could hardly be described as being comprehensive, given the withholding of critical information by the British Government, as well as the failure to establish the whereabouts of critical files and documentation in this jurisdiction?

In that light, can the Taoiseach tell the House whether the former Minister for Justice, Mr. Patrick Cooney, was asked to co-operate with the McEntee investigation and if so, has he co-operated? Has the Taoiseach's Department also been asked to co-operate? Can he advise the House in this respect?

Given the Taoiseach's response regarding the Attorney General's opinion in the light of the experience of the Justice for the Forgotten group's European action, what other international action might he consider? Is there any avenue to address this matter through the United Nations?

A sum of €9 million was provided for the remembrance fund set up in respect of the Dublin and Monaghan bombings and all the other matters arising therefrom. Is the Taoiseach aware that this scheme, which was set up to assist people who were either injured or bereaved in the course of the conflict, is due to end in December 2006? Can he advise Members as to how much has been paid out from the remembrance fund? Does he agree that the promotion of the fund was extremely slow? I understand that the take-up has not been great, due to the lack of information and awareness. If the Taoiseach concurs with this view, given that we have entered the last 12 months of the fund's intended lifespan, will he now embark on a more proactive advertisement of the scheme, including the use of broadcast media, which would give all the salient information, so that deserving people may apply for and avail of the fund?

Bertie Ahern (Dublin Central, Fianna Fail)
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I will take the points in reverse order. I will check what is the position regarding the fund. While it has been some time since I last checked, the fund was raised and highlighted in the House many times during its preparation and at its commencement. However, I will check the rate of take-up and if it requires an additional media profile, I will certainly arrange it, to ensure that the resources-——

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Will the Taoiseach also check the other details?

Bertie Ahern (Dublin Central, Fianna Fail)
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Yes. The resources were made available and are there for the use of the victims. We wish to use the fund for that purpose.

My use of the word "comprehensive" was based on a comprehensive examination of all the data available to Mr. Justice Barron in this jurisdiction and that were available from the British authorities as a result of our efforts over several years. We know there were some shortcomings in that regard and as I noted, to use Mr. McEntee's own words, he has assiduously followed up this matter to try to acquire that further information.

In so far as all of the data, information, documentation and interviewing of people are concerned, I am sure Mr. McEntee will give precise details as to who he has interviewed. In his second report, which was published today, he states that he has interviewed a large number of people. I cannot answer as to whether he interviewed former Ministers for Justice. However, I assume he has gone back over what he has determined to be an appropriate range of people. I can confirm that he has engaged with senior officials within my Department.

As I have stated, I have received advice from the Attorney General, as I promised both the joint committee and the Justice for the Forgotten group. He drew on the experience of a number of experts in the field of law in respect of the Dublin and Monaghan bombings and efforts to go to the European Court with a successful case regarding the tragic events that happened more than three decades ago. The essence of his advice was that it would be extremely difficult for the Government to bring a successful case against the British Government in the European Court of Human Rights for the same reasons that were outlined in the judgment of the families who have already done this. I am aware that the Justice for the Forgotten group has failed to bring a successful case and I understand that the ruling went against it due to the lapse in time. That would also be a factor were we to try bringing a case. We are not in favour, nor is the Attorney General, of bringing a case we are not confident of winning. However, we will continue to explore every possible legal and political avenue open to us. In this regard, the Attorney General and his advisers are examining this matter. While I would rather not go into the details of the avenues being considered until they have been explored, we are looking at a number of ways in which we can follow this up.

Seán Ardagh (Dublin South Central, Fianna Fail)
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I am sure the Taoiseach is aware that the PSNI has set up an historic inquiries unit in the North to look specifically at the unsolved crimes, bombs and horrendous acts which have occurred. Is the Government considering setting up an equivalent body within the Garda, so that it can work in tandem and in co-operation with the PSNI unit in Northern Ireland? As a resultof so doing, more documentation may cometo hand, because of the formalisation of procedures.

Bertie Ahern (Dublin Central, Fianna Fail)
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There are several thousand cases in Northern Ireland and the Ombudsman was anxious that relatives would be able to access whatever records and whatever examination of records would be there. It is proving to at least be useful in Northern Ireland. That is working and wherever there is a necessity we will co-operate. Of course there is our own inquiry, which Mr. Justice Smithwick has started, where we have given an undertaking to deal with them.

Most of the cases that we have had have been investigated by Mr. Justice Barron, in any of the cases where people wanted to raise them. All of the ones of which I was aware have been dealt with in the process of Mr. Justice Barron. If there were any outside of that, perhaps it would be useful that the Garda would investigate them. We used the process of the late Mr. Justice Hamilton first and then that of Mr. Justice Barron to examine these issues. Therefore, there would not be a need for that but I assure the Deputy that wherever there is a need for cross co-operation on any of these issues within the Garda, we could certainly provide for it.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I call Question No. 7. There are a number of questions being taken together. There will not be much time for supplementaries.

Pat Rabbitte (Dublin South West, Labour)
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I wish to raise a point of order. This might be a good point to make it, at the beginning of the term. It is proposed to group 37 questions on significantly different subjects together. They involve two summits, trips abroad, visits to various countries, the discussions with the Prime Minister of the United Kingdom etc. We cannot do business in this fashion where so diverse subjects are rolled into one set of answers, especially, as the Ceann Comhairle stated, where there will be no time in any event to pursue them by way of supplementary question. This entire tranche of questions will fall, after a period of absence from the House of some six weeks.

Enda Kenny (Mayo, Fine Gael)
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I support Deputy Rabbitte's view. While it is not the Ceann Comhairle's doing, the division of these questions should be different. I suggest that we should not take these 37 questions here because there will not be time to ask supplementaries on any of them. If the Taoiseach agrees, we might leave these over until he next answers questions. It would be unsatisfactory to deal with India, rendition, the CAP, intergovernmental meetings and a range of other issues with so little time.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I am sympathetic to the view Deputy Rabbitte expressed. It is incomprehensible how we can address these. Each of us has a series of questions that focus on different matters which the Taoiseach will now address in a lumped response.

While it makes the project impossible, I wonder what is the alternative to hearing what he has to say. How does the Ceann Comhairle propose to set these aside and move on to the next tranche of questions, and what will be the story then?

Joe Higgins (Dublin West, Socialist Party)
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I tabled many questions and I agree with the points made. For future reference, there should be a new method of grouping questions, for example, EU related questions could be grouped together and separate from more general international questions. Northern Ireland questions should be treated likewise. They all should be separate and that would make it much more manageable and much more satisfactory from the point of view of Members attempting to elicit information from the Taoiseach.

Bertie Ahern (Dublin Central, Fianna Fail)
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I see the difficulty raised by the Opposition. I do not have a problem; I just take them as a group. Quite a number of these would just entail a report, but I could see that people would have questions on them and I cannot predetermine that. If I answer them, maybe Members could be allowed to resubmit the ones on which they want to ask question. I do not know. I have an open mind. It is a long——

Enda Kenny (Mayo, Fine Gael)
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What length is the answer?

Bertie Ahern (Dublin Central, Fianna Fail)
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That is the trouble; it is ten pages.

Enda Kenny (Mayo, Fine Gael)
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It would take ten minutes.

Bertie Ahern (Dublin Central, Fianna Fail)
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We can leave it over, a Cheann Comhairle.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Is it possible that the Taoiseach's response can be entered into the record and that he might hear the specific questions of Members because obviously we will only be able to ask about one or two? Is that an option?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Taoiseach would have to read it.

Bertie Ahern (Dublin Central, Fianna Fail)
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I would have to read it. If you want to hold it over I have no difficulty in trying to break it into a few groups of questions.

Enda Kenny (Mayo, Fine Gael)
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At least if we had a full Question Time session we could address the range of matters involved.

Bertie Ahern (Dublin Central, Fianna Fail)
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I have no difficulty with that.

Pat Rabbitte (Dublin South West, Labour)
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The fundamental point concerns whoever makes the decisions about categorising the questions. There are 37 questions on matters from Croatia to India. One could spend Question Time alone on the role of the Minister for Arts, Sport and Tourism, Deputy O'Donoghue, inBollywood. It is a broad area.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The point has been made.