Dáil debates

Wednesday, 4 June 2008

Ceisteanna — Questions (Resumed)

Commissions of Investigation.

4:00 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Question 1: To ask the Taoiseach if all costs associated with the MacEntee commission have been discharged; and if he will make a statement on the matter. [17138/08]

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 2: To ask the Taoiseach the further action he has demanded of the British Government in regard to collusion, including recommendations arising from the reports of Mr. Justice Barron and the resolution passed by Dáil Éireann in March 2006; and if he will make a statement on the matter. [18722/08]

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 3: To ask the Taoiseach if he has received a request for a meeting with the Justice for the Forgotten organisation; if he will meet with it; if he has raised with the British Prime Minister the contents of the motion passed by the House in March 2006; and if he will make a statement on the matter. [19447/08]

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I propose to take Questions Nos. 1 to 3, inclusive, together.

Mr. Patrick MacEntee, sole member of the Commission of Investigation into the Dublin and Monaghan Bombings 1974, handed over his final report on 12 March 2007 and it was published on 4 April 2007. The total amount spent on the commission of investigation was €2,632,702. All costs in regard to the commission of investigation have been discharged.

I have not received any request for a meeting with Justice for the Forgotten. During my recent meeting with Prime Minister Brown, our discussions focused on the Northern Ireland investment conference and recent developments in Northern Ireland. The British Government is fully aware of the position of the Government and of all of the parties in the House with regard to the Dublin and Monaghan bombings, the Pat Finucane case and the question of collusion generally. As Robin Eames and Denis Bradley reminded us last Thursday, the painful legacy of the past remains an enormous challenge to securing a shared, peaceful and prosperous future on this island. We all want to deal with this in a manner which allows all sections of the community to face the future with confidence. The best possible response to the tragedies of the past is to ensure they can never happen again.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Does the Taoiseach agree that the outcome for the victims and their families has been very unsatisfactory in that closure has not been brought? Does he agree also that at the very least the families expected that those responsible would be identified, and does he expect that to happen?

In view of the collusion that was identified in respect of security forces and the perpetrators of those atrocities, the Taoiseach rightly pointed out that the British Government is well aware of the situation — so it is — but does he agree that it has been a complete denial of justice by the British Government not to provide the information that the Government requested on a number of occasions? While the Taoiseach did not take up that issue with Prime Minister Brown in respect of the Northern Ireland investment conference, can I take it that he will raise it with him? If any government is serious about an issue, it needs to bring finality, closure and justice to it. The information held by the British Government and being denied to the inquiry has resulted in Justice for the Forgotten — the relatives of the victims — being in as much in pain now as when the atrocities happened. Does the Taoiseach agree that this is information that should be made available in order to conclude the matter once and for all, and will he raise that with Prime Minister Brown at the next appropriate occasion for him to do so?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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That is an ongoing matter between both Governments in terms of trying to advance the issues, the long length of time since it has happened and despite every effort, including the establishment of the commission of inquiry, the provision of the Barron reports and the work of Mr. MacEntee, it has not been possible to get to the bottom of it. I have a particular interest in the matter as one of the victims was from my home town.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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There was also one from mine. Members of Justice for the Forgotten were forced to go to court recently in order to get access to documents that had been made available to the MacEntee inquiry. This is being contested by the Government. Why does the Government want to contest this access? Is there some information the Government does not want to provide?

The relatives of the 11 people killed in the Ballymurphy area of Belfast recently visited Dublin to highlight this issue. Has the Taoiseach had a chance to review this case and does he plan to raise it with the British Government with a view to having it investigated further? The document they presented, 1971 Ballymurphy Internment Massacre, speaks for itself. A number of issues there deserve further consideration.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I have not dealt with that case. We have processes in place, including a secretariat and Ministers to take up these matters and, where appropriate, I will obviously take them up when an appropriate occasion occurs in a meeting between the British Prime Minister and myself. I have had reason to do that in the past in other capacities.

In defending the cases the State is honouring commitments of confidentiality given by Mr. MacEntee in the course of his inquiries. An appeal has been lodged and as this is before the courts I would not like to comment further on the matter except that we seek to honour the terms upon which that information was provided to Mr. MacEntee. It is a matter for the courts to decide whether it should be released.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The Taoiseach will recall that the Sub-Committee of the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights issued reports on the outcome of the independent commission of inquiry into the Dublin and Monaghan bombings and the three related Barron reports, including the inquiry into the bombing of Kay's Tavern in Dundalk and the other incidences in Castleblayney and Belturbet, to which I believe the Taoiseach referred in his earlier response to Deputy Kenny. The Taoiseach will accept that these reports cover a range of acts of collusion resulting in the deaths of many innocent people in this jurisdiction. The work of the committee was virtually unprecedented in the history of the Houses of the Oireachtas.

However, does the Taoiseach not agree that the work of the committee, the publication of the various reports and the decision of this Chamber in unanimously passing a motion in March 2006 have not had the impact on the British Government and politics in the neighbouring island that Members of this House of all opinion would have expected? Does he agree that the Houses of the Oireachtas must take whatever appropriate steps in order to ensure that it has the impact the issues involved clearly deserve? In that respect will the Taoiseach arrange for the reports I have cited, as the former Taoiseach indicated his willingness to do, to be formally endorsed by means of full debates on motions in both Houses of the Oireachtas?

Does the Taoiseach recall that the former Taoiseach invited such an opportunity if agreement could be reached on a motion to facilitate such a debate to address the issues that the Opposition voices are raising today? Will he agree, therefore, that that process should now proceed and that an agreed motion is well within the collective gift of all opinion reflected in this House, as was demonstrated two years ago? Does he agree that we need a process whereby the Speaker of the House of Commons in Britain would be formally informed of the passage of such a resolution and be requested to put the content and intent of such a message from these Houses before the Houses of Parliament in Westminster so that the matter would be considered by the British Parliament by request of these Houses?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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Obviously I will check to ascertain my predecessor's views on these matters. If it is on the record of the House that he is in agreement, I do not have a problem with trying to devise a process that would allow the Houses of the Oireachtas, if they felt it appropriate, to state once again our position regarding these matters. Mr. Bradley and the former Archbishop, Lord Eames, indicated that they hope to address these specific atrocities in their report. It will be interesting to read the outcome of their deliberations and to see what ideas there might be to assist us in trying to get the greatest amount of information possible so that as much of the truth as possible about these dreadful events might be established. Clearly there have been difficulties in achieving that. The full co-operation of everyone is required.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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In his reply to Deputy Kenny, the Taoiseach referred to these as "ongoing matters". This is 2008 and the Dublin and Monaghan bombings occurred on 17 May 1974. Some 34 years later for many of the survivors and bereaved of that day's terrible events in this city and in my home town, time has marched on significantly. For many of those directly caught up and their immediate families, the ageing reality and very much an ongoing concern is that they will never see the full truth and justice established.

Will the Taoiseach request the British Government, through the mechanism laid down in the Weston Park agreement, to allow an independent internationally recognised and respected judicial figure to have access to the documentation held by the British Government and all its varying arms in order to further establish what factual information is held by the British Government in all its various guises, documentation and information that clearly was withheld from Mr. Justice Hamilton, Mr. Justice Barron et al, including Mr. Patrick MacEntee? With time marching on, does the Taoiseach accept that as many of the bereaved families feel a great urgency that only through concerted effort by the Government and the collective weight of all represented opinion in this House working together — that is the approach we are taking, which I commend — we should seek the co-operation of the British Prime Minister to ensure such a process is put in train?

I have put this question to the Taoiseach's predecessor on a number of occasions.Given the great concern and the importance of the issue, would the Taoiseach consider approaching the British Prime Minister, Mr. Gordon Brown, on the basis of a specific Taoiseach to Prime Minister summit that would address all these long outstanding issues, referred to as acts of collusion by the British state and its agencies in carrying out a series of atrocities on this side of the Border over those years?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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People will recognise the political background against which these efforts have been made. For example, mention was made into inquiries into a number of cases which affected both sides of the community were handled at the same time by Judge Peter Cory. I was there at the time. In that context we were able to have him investigate the Finucane and Nelson murders and the killing of the two policemen, Superintendent Bob Buchanan and the other gentleman whose name does not come to mind at the moment. It took considerable time and effort to ensure that occurred. We have had independent inquiries North and South arising from that, yet we still do not have an independent tribunal of inquiry into the murder of Mr. Pat Finucane. We continue to try to address these issues. When one tries to advance these questions one hears the argument that there are other victims of violence for whom there will be no answers. The great tragedy of violent conflict is that innocent victims on all sides of the divide never find justice, having been denied the basic right to life.

That one tries to advance issues that, on their merits, are of such magnitude as what we are discussing here, and yet not find the core truth of the issue is disappointing in terms of the process established. It has also had varying effects on the relatives of victims in the reminder it has brought and the reliving of these traumatic events, which have had their detrimental side-effects. We must try to advance this issue to the greatest extent possible in the pursuit of truth, but also recognise there is a political context that makes it more difficult to achieve what one sets out to achieve. The disappointments that ensue as a result and the upset and revived trauma it causes can often result in a continuing no-win situation for these people. That does not deter or deflect one from trying to pursue the truth but I take cognisance of some of these issues. This is not because I do not want to pursue it but because I know this outcome also happens.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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When we had statements here on the Barron report and the report of the Oireachtas committee at the beginning of the year there was considerable disappointment among the families of the victims that the opportunity was not taken to have an agreed, all-party motion on the Dublin and Monaghan bombings and what needed to be done following those reports. This motion could have been similar to that passed in 2006 in connection with the Finucane case. Following the statements, my colleague, Deputy Joe Costello, wrote to the Taoiseach's predecessor suggesting proposing a draft all-party motion for consideration. Two questions arise from that. Does the Taoiseach agree in principle that there should be an all-party motion? I understood that is what he said when he replied to Deputy Ó Caoláin. Will he undertake to consider the draft that was submitted to his predecessor by Deputy Costello?

Some of the families took a court case arising from which the High Court made an order that the Government produce certain documents, which the Government has appealed to the Supreme Court. I heard the Taoiseach say he did not want to go any further into it because it is before the court. Can he give the House any idea when he thinks the Supreme Court might consider the matter? As has been said by previous Deputies, this happened 34 years ago and people have waited a long time for answers. If there will be prolonged litigation in the Supreme Court it will add to that. Has the Taoiseach any information on when the Supreme Court might deal with it?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I have no idea where it is on the Supreme Court's list, which as Deputy Gilmore knows, is a matter for the superior courts. Hopefully, as the Deputy said, it will be as soon as practicable and possible given, as he mentioned, the length of time and the particular subject matter we are addressing. As I said in an earlier response, I have no objection in principle to doing anything that would be regarded as being of assistance to the group concerned in terms of this House being given an opportunity on an agreed, all-party basis to comment on the situation with this ongoing, distressing saga for so many families. I will ask an official to deal with this matter and to begin work on consulting with parties in the House to see how we might advance that suggestion.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The Taoiseach's reply is very helpful. There was a desire for an all-party motion on this. As I said, the draft submitted by Deputy Costello seeks to have the Ceann Comhairle convey to the speaker of the British House of Commons the content of the motion and what is required following it and directs the Taoiseach to pursue the matter in certain ways with the British Government. That would be very helpful.

May I ask about the Supreme Court appeal of the High Court order to produce the documents? I appreciate that ordering the business of the Supreme Court is a matter for itself. However the appellant, in this case the Taoiseach, has some control over the speed with which the matter is progressed. Would the Taoiseach pursue that and see if the Supreme Court can deal with it sooner rather than later?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I do not think I, as the appellant, have any role in that matter since the papers have been lodged. However if there is any appropriate contact or inquiry I can make on it I will check it out.