Dáil debates

Tuesday, 18 November 2008

Ceisteanna — Questions

Commissions of Investigation.

2:30 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Question 3: To ask the Taoiseach the costs that have accrued to his Department in respect of the MacEntee inquiry; and if he will make a statement on the matter. [29477/08]

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Question 4: To ask the Taoiseach when he next expects to receive a report from the MacEntee inquiry; and if he will make a statement on the matter. [29478/08]

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 5: To ask the Taoiseach the further action he has taken arising from the reports of the MacEntee inquiry and the Barron reports; and if he will make a statement on the matter. [34898/08]

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I propose to take Questions Nos. 3 to 5, 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. It was published on 4 April 2007. The total amount spent on the commission of investigation was €2,632,702. All costs of the commission of investigation have been discharged. The breakdown of the €2,632,702 spent on the commission of investigation is as follows: €1,756,533 on legal costs; €351,410 on support staff; and €524,759 on set-up and administrative costs of the offices of the commission.

Arising from the passing of the resolution by the House on 10 July last, I understand that the Clerk of the Dáil has communicated the text of the resolution to the British House of Commons together with the report of the commission of inquiry and the Barron reports.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I thank the Taoiseach for that information. I remind him that on 10 July an all-party motion was passed by the House on the 1974 Dublin and Monaghan bombings which stated that the Dáil:

urges the Government of the United Kingdom of Great Britain and Northern Ireland to allow access by an independent, international judicial figure to all original documents held by the British Government relating to the atrocities that occurred in this jurisdiction and which were inquired into by Judge Barron, for the purposes of assessing said documents with the aim of assisting in the resolution of these crimes;

and

directs the Clerk of the Dáil to communicate the text of this Resolution, together with copies of the aforementioned reports, to the House of Commons of the United Kingdom of Great Britain and Northern Ireland, with a request that the matter be considered by the House of Commons.

Does the Taoiseach know whether this was done? Did he get any response from the British Government? If so has he followed up any further with it? Does the Taoiseach, on behalf of the Government, have any plans to allow an independent person to access the original documents held by the British Government?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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Arising from the motion passed by the Dáil on 10 July last, I understand the Clerk of the Dáil communicated the text of the resolution to the House of Commons, together with the report of the commission of inquiry and the Barron reports. I am not aware if any correspondence has been received by the Clerk of the Dáil since then, apart from acknowledgement of its receipt. It is not information that is available in supplementary form to me. The motion urged the UK Government to allow access by an independent international judicial figure to all original documents etc., as the Leader of the Opposition stated in his supplementary.

We will continue to see if anything arises from this. The Houses made this joint resolution and conveyed it to the Houses of Parliament in Britain as an indication of our continuing concern about the matter. I am not aware that anything substantive has arisen thereafter.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I welcome today's announcement that the DUP and Sinn Féin have agreed on a process to deal with the devolution of policing in Northern Ireland, as it is a welcome advance. Does the Taoiseach have a view, in being able to get at the truth of the matter, that the British Government should hand up whatever documentation it has in this regard? I am quite sure it has a very substantial amount. Does the Taoiseach share my view that this material should be handed to an internationally respected judicial figure, who could access it and deal with it properly so the truth would be known in so far as it can be fully and accurately assessed? This should happen but clearly I cannot force the British Government to do so. The Taoiseach is in a different position to talk to the British Prime Minister, so does he have a view on it?

The Justice for the Forgotten committee has worked hard on this issue, as the Taoiseach is aware, since the last Oireachtas debate on collusion took place in January this year. I understand it contacted the Taoiseach's office in writing regarding the progression of this agreed motion and I also understand it has not received a response from the office of the Taoiseach, which is surprising. I ask the Taoiseach to check this and will he confirm if he has responded to the Justice for the Forgotten committee in regard to the motion? If so, what has he been able to tell them?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I have asked my colleague, the Minister for Justice, Equality and Law Reform, to consider a request for a meeting from Justice for the Forgotten. I will check the correspondence issue.

On the question of seeing if we can get to the truth of the matter, we will support any opportunity to do so. We will continue our efforts even if we are not satisfied with the response of the British Government to date. That has been the Government's position and we will continue to do everything we can in that respect. There is no issue between us.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I welcome the Taoiseach's comment that he shares my view that the truth should be got at here if possible. I urge him on behalf of the Government to raise this at every opportunity with his counterpart, the British Prime Minister. There are papers possessed by the British Government and I assume some are secret. All Members of the Dáil would like to bring closure to this and supported the motion. I urge the Taoiseach to press this case at every opportunity.

The events were a long time ago now but still cause hurt to the next of kin of those killed in the atrocities. It would be only right and appropriate that the Irish Government and Houses of the Oireachtas should have a united and absolutely committed agreement on bringing closure to this dark page in Irish history.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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We have the experience of the commission of inquiry into the Dublin and Monaghan bombings and it is the case that while much was achieved, it did not resolve the issues for relatives. We also have the work done by the Eames-Bradley group. Issues have also arisen where legal proceedings have been initiated. Rather than embark on a judicial inquiry process at this time we have to look to those processes to see what further progress, if any, can be made, given the extensive and resourceful way in which we have sought to help people on those issues to date.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Am I correct in saying the Taoiseach would be familiar with the work of Justice for the Forgotten over many difficult years, not only in regard to the Dublin and Monaghan bombings but regarding a list of atrocities that took place along the length of the Border and further down the country? Justice for the Forgotten has been a key voice on behalf of victims, survivors and the bereaved in all of those instances.

Is the Taoiseach aware that funding for Justice for the Forgotten runs out at the end of this year, and that it has no information, as we speak, from the Department of Justice, Equality and Law Reform about how much, or any funding will be allocated to it for 2009? The Minister for Justice, Equality and Law Reform is sitting beside the Taoiseach. Has the Taoiseach discussed the matter with him and, if not, will he undertake to do so because we must recognise — as the Taoiseach has clearly done in response to Deputy Kenny — that the pursuit of truth and justice in all of these matters is essential? Does the Taoiseach agree that the work of Justice for the Forgotten in seeking truth and justice, and in assisting the survivors and the bereaved in practical ways, needs to continue?

Similarly, can the Taoiseach tell us if arrangements are in place to provide for the long-term medical needs of persons who availed of the Remembrance Commission fund, which was dissolved a little over a fortnight ago, on 31 October? Will there be a report on the work of the commission and the fund itself? How many people were assisted over the course of its terms of office, and will there be ongoing assistance for the medical needs of those who have been assisted by the fund during the period of its tenure?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I cannot give specific detailed answers on those matters but, as the Deputy indicated, the remit of the Remembrance Commission fund ended on 31 October, having been extended for a number of years. The commission has done important work in acknowledgement, remembrance and assistance to address the needs of victims. I thank the members of the commission for all their work over the years on behalf of victims. The Victims' Commission, under the umbrella of the Department of Justice, Equality and Law Reform will now consider applications for funding from bodies and groups acting on behalf of victims. That is the situation as things stand since the expiry of the previous arrangements on 31 October.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I asked the Taoiseach a number of questions about Justice for the Forgotten and the ongoing commitment of Government to the funding of its critical work. I urge the Taoiseach to address that question please. Does he not accept that the absence of any clarity as to the Government's commitment for funding in 2009 is leading to quite serious concern among the members of Justice for the Forgotten and those whom they serve so well? Will the Taoiseach please offer the clarity and assurance that is necessary?

Regarding the work of the Remembrance Commission fund, can the Taoiseach clarify again whether a report will be published on its work? I know the Taoiseach cannot give me all of the detail as to the numbers who have been assisted and about specific ongoing supports in terms of medical needs, but can he undertake to the House to have that information at least provided to the three party leaders in the Opposition who have sponsored these questions today?

Noting the Taoiseach's response to Deputy Kenny on his efforts to build on the work of his predecessor in terms of having the British Government co-operate with the pursuit of truth and justice regarding the Dublin-Monaghan bombings of 17 May 1974, will he seek to impress on Prime Minister Gordon Brown what I can only describe as the weight of the resolution we passed unanimously on 10 July 2008? Does the Taoiseach not share my concern that the failure to respond on the part of the British Prime Minister and the Parliament at Westminster to the united appeal of all the elected voices of this House is a cause of major concern to each of us, without exception? Will the Taoiseach press for the appointment of an independent, international judicial figure who will have access to all the relevant documentation and material under the control of the British Government and all its agencies in order to further the intent of securing the full truth about the Dublin-Monaghan bombings and those other matters reported on by a series of eminent appointees, including Messrs. Justices Hamilton and Barron and Mr. Paddy MacEntee?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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As I stated, any organisations or groups that have been involved in this issue to date have been deriving funding for their activities from the Remembrance Commission fund, which expired on 31 October. It is a matter for the Minister for Justice, Equality and Law Reform to consider any applications for further funding thereafter.

On the Justice for the Forgotten group, there was a response by Government and co-operation by other Members of the House. There have been commissions of inquiry into these matters. Some €2.6 million has been expended in the case of the Dublin-Monaghan bombings, as mentioned in reply to the Deputy's parliamentary question. No question arises over resources not being made available to deal with the substantive issue. They have been provided and the work has been brought as far as possible. Mr. MacEntee's findings on shortcomings and omissions were a matter of serious concern although it would be acknowledged that he noted considerable improvements in administrative practice since he first examined the issue. A full review carried out of all systems and procedures in the relevant Departments and agencies will ensure the failures found by Mr. MacEntee do not occur in the future. Legal issues associated with another aspect of this matter have been dealt with in other parliamentary questions.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Surely that is not as far as the matter could be brought.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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That is as far as Mr. MacEntee was able to bring the matter. Subsequently there was a resolution of both Houses of the Oireachtas to address the Deputy's concern, requesting that any further help that the British Government could give be given. This remains the position of the Irish Government and the Oireachtas. We will continue to determine how this can be advanced. I do not want to indicate that a solution is imminent because this is not the case as matters stand. We must and will continue to put our case and indicate the weight of the resolution of the Dáil in respect of this matter. Unfortunately, issues arise from the conflict that have not been resolved.

The latest process is the Eames-Bradley process, which is an effort to try to deal with this in a comprehensive fashion. That is an ongoing process and we must see where it takes us. It is a difficult issue, involving the grief and loss of families. One of the victims of the Dublin-Monaghan bombings was personally known to me.

I am also aware of the difficulties that arise for families when this matter is revisited after such a long time. Failure to find resolution causes its own repeated trauma for the families, along with the frustration and difficulty this engenders. All of that is an unfortunate consequence of doing the right thing by making further inquiries into these investigations. Unfortunately, it has not brought finality or closure. We must continue to work to see if we can do that. Only finding out the total truth will achieve that and that truth has not emerged in 34 years.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Will the Taoiseach speak to the Minister with regard to this?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Two very brief comments from Deputies Gilmore and Barrett. I am out of time.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I said the Minister will consider this.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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With regard to the motion passed and agreed by the House last year, which the Taoiseach informs the House was communicated by the Clerk of the House to the House of Commons, has the Government communicated the content of the motion to the British Government? Has the Taoiseach raised it with the British Prime Minister or has the Minister for Foreign Affairs raised it with his counterpart?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The issue was communicated by the House on behalf of all Members of the House as is the normal protocol. In this case it was communicated by the Clerk of the Dáil. Any discussions I have had with the British Prime Minister in recent months have concerned the political situation, on which we have seen some progress today. I have no problem with writing to the Prime Minister and referring again to the matter.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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For the purposes of clarification, because Deputy Kenny also referred to the matter as did Deputy Gilmore, as the Taoiseach pointed out, the motion was sent to the House of Commons by the Houses of the Oireachtas. The reply from the House of Commons stated that it was a matter for the Government of the United Kingdom.