Dáil debates

Wednesday, 25 February 2009

Ceisteanna — Questions

Dublin-Monaghan Bombings.

11:00 am

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Question 7: To ask the Taoiseach if he will report on the work of the McEntee commission; and if he will make a statement on the matter. [46597/08]

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 8: To ask the Taoiseach the further action he has taken on foot of the report of the McEntee commission, the report of the sub-committee of the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights on the Dublin and Monaghan bombings and other instances of collusion in the State and the Barron reports; and if he will make a statement on the matter. [7054/09]

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I propose to take Questions Nos. 7 and 8 together.

Judge Barron prepared reports on the Dublin and Monaghan bombings, 1974; the Dublin bombings of 1972 and 1973; the murder of Seamus Ludlow and the bombing of Kay's Tavern, Dundalk. The work of the commission of inquiry began in January 2000. Judge Barron completed his work in July 2006. The Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights considered all of his reports.

The Government appointed Mr. Patrick McEntee, senior counsel, as sole member of a commission of investigation to examine specific matters relating to the Dublin and Monaghan bombings of 1974, including aspects of the Garda investigation and missing documentation. Mr. McEntee handed over his final report on 12 March 2007. It was published on 4 April 2007.

Following dissolution of the commission of investigation, the relevant confidential information remained subject to legal privilege. Its archive was transferred to my Department, where it is in secure storage.

Following the recommendations of the joint committee, we held a debate on collusion in the House last year and passed a motion relating to the Dublin and Monaghan bombings on 10 July last. Arising from that motion, 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, and received a reply from the Clerk of the House of Commons. Any follow up to this should be considered in consultation with the parties and I understand the matter has been raised with the Whips.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Funding for Justice for the Forgotten ceases on 31 July. The group recognises the need for cutbacks and has made some adjustments. Family members and persons associated with families have approached the group in respect of the legacy commission about their entitlement to the proposed payment of €12,000. Many of the families concerned would prefer to have a group advise or assist them in dealing with such a commission. Does the Taoiseach see a value in having Justice for the Forgotten continue to liaise, assist or counsel families associated with the legacy commission and payments, if the commission is formed and a payment of €12,000 is made to families?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The suggestion made in the Deputy's second point is premature. I do not know whether any bureaucratic or administrative issue would arise if that recommendation were to proceed. It is only one of several but has been the most extensively highlighted. I do not see what complexity would attach to the process or administration of payments to those affected by the conflict that would require another support system to interact between the individuals or families concerned and the commission set up to disburse the money. The remembrance fund commission ended on 31 October having been extended for several years. I understand the Minister for Justice, Equality and Law Reform has written to Justice for the Forgotten regarding its funding and that his Department is providing €125,000 for next year.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Will the Taoiseach accept that the primary reason for continuing to fund Justice for the Forgotten is to allow it to continue to play its role in campaigning and searching for truth and justice in respect of the events that occurred in this city and in Monaghan town on 17 May 1974? Does the Taoiseach accept that it would be wholly and absolutely wrong and unacceptable if the Government were to withdraw critical funding from Justice for the Forgotten, as it endeavours to do its core work, in the immediate aftermath of the 35th anniversary of those events, which will fall in May of this year?

When did the Taoiseach take the opportunity to raise directly with the British Prime Minister the decision of the Houses of the Oireachtas to unanimously endorse various reports, including the sub-committee's report and the MacEntee report? Does he have further plans to raise these matters directly with the Prime Minister? I refer, for example, to the response received by the Clerk of the Dáil, Mr. Kieran Coughlan, from his Westminster counterpart, which was that this is a matter in the first instance for the UK Houses of Parliament. It has been suggested that the House of Commons will need to address the substantive statement involved in the unanimous decision of these Houses. Has the British Prime Minister indicated to the Taoiseach that the decision of the Dáil and the Seanad is scheduled to be addressed in Westminster? Will he undertake to revisit this matter with the British Prime Minister at the earliest opportunity? Does the Government have any plans to mark the sad occasion of the 35th anniversary of the tragedy that visited Dublin and Monaghan, which will fall within a matter of weeks?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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As I said when I answered questions on this matter during a previous Question Time, the problem that has arisen relates to the conduct of their work by the commissions of inquiry. Mr. Justice Barron has conducted his work. Mr. MacEntee, who was the sole member of the commission of investigation, handed over his final report in March 2007. It was published in April of that year. Some relevant confidential information remains subject to legal privilege. In line with the sub-committee's recommendations, a debate on collusion was held in the Dáil last year. A motion was passed by the Dáil on 10 July 2008. The Clerk of the Dáil communicated the text of the resolution to the House of Commons. A reply was received from the Westminster authorities.

I am sure this issue will continue to be addressed at official level. I have not raised it specifically with the British Prime Minister, Mr. Brown, at any of the meetings I have had with him on specific issues. We all recognise that this is one of the problems that has arisen from the Troubles of the past. Despite the best efforts of everyone, including most eminent legal counsel and judges, there has been a failure to get to the full truth of everything. They have brought it as far as they can bring it, unfortunately. We will continue to see what can be done in addition to what has already been achieved.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The acoustics in this Chamber are not always great, so the Taoiseach will forgive me if I misheard him. Did he indicate that he has not had an opportunity to raise the specific decision of the Houses of the Oireachtas on the Dublin and Monaghan bombings, and the series of reports on the bombings, with the British Prime Minister? If I understand correctly that these matters have not been raised, why is that the case? Independent Members and Deputies from all parties in this House made a unanimous decision to adopt a motion that called for full disclosure and co-operation on the part of the British authorities. That decision was communicated by the Clerk of the Dáil to his counterpart at Westminster. We are still waiting for a formal response, other than the acknowledgement that the communication was received, from the Westminster authorities. Why has the Taoiseach not raised the matter with the British Prime Minister? Will he undertake to raise it in the serious manner that is required? Will he consider the suggestion that has been made to him on many occasions that he should arrange a specific meeting with the British Prime Minister to discuss the Dublin and Monaghan bombings and all other matters pertaining to collusion? A proper summit of the leaders of both Parliaments is required if this matter is to be addressed in a real and concerted way.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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This has been an ongoing matter.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It has been going on for 35 years.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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Yes. It is an ongoing matter. We will never get to the bottom of — to the truth of — many things that happened during the Troubles, unfortunately. I refer not only to the matters raised by the Deputy, but also to a range of other issues of equal concern.

I do not suggest that this is not a matter of import. I do not mean to lessen in any way the importance of the all-party motion that was passed by the Dáil. The Government and its predecessor instigated mechanisms and procedures to seek to address the issues that arose during the Troubles to the greatest extent possible. I was personally acquainted with one of the people who were murdered in the Dublin and Monaghan bombings. I am not unaware of the situation. We will continue to pursue this matter as best we can. There is always ongoing contact between the two Governments on these issues. While we are disappointed with the response we have received to date, we will continue our efforts, as I have said. We will continue to see how we can bring this matter forward.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Will the Government continue to support Justice for the Forgotten?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I have indicated that the Minister for Justice, Equality and Law Reform has made an allocation of €125,000 for that group this year.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Is that for the remainder of this year?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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If the Deputy wants more detail, I suggest that he should table a parliamentary question to the Minister for Justice, Equality and Law Reform. Funding was provided to the group mentioned by Deputy Ó Caoláin to help it to deal with various issues. Commissions of inquiry, etc., were established by the Government as part of an effort to answer the questions asked by the group. Those proceedings have been brought as far as they can be brought, as far as the Minister, Mr. MacEntee and Mr. Justice Barron are concerned.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Surely the whole point is that they have not been brought "as far as they can be brought".

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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They have been brought as far as the mechanisms I have mentioned were able to bring them. I understand that funding was provided to the group to enable it to interact with the mechanisms that were set up for these purposes. I have indicated to the Deputy that, for the purposes of this year, the work of those commissions of inquiry, etc., has been concluded. They have brought it as far as they can bring it.