Alan Shatter (Dublin South, Fine Gael)
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I move:

That Dáil Éireann resolves that the terms of reference contained in the Resolution passed by Dáil Éireann on 23 March, 2005 and by Seanad Éireann on 24 March, 2005, as amended by the Resolutions passed by Dáil Éireann and Seanad Éireann on 1 June, 2011, pursuant to the tribunals of Inquiry (Evidence) Acts 1921 to 2004, be further amended as follows:

1. by substituting the following paragraph for paragraph (I):

'(I) the tribunal shall report to the Clerk of the Dáil on an interim basis not later than 9 March, 2012 setting out:

(a) the number of parties granted representation,

(b) the progress which has been made in the hearings and work of the tribunal, and

(c) any other matters that the tribunal considers should be drawn to the attention of the Houses of the Oireachtas;'; and

2. in paragraph (IV) by substituting '31 May, 2012' for '30 November, 2011'."

This motion proposes to amend the terms of reference of the tribunal of inquiry into allegations of collusion by members of the Garda Síochána or other employees of the State in the murder by the Provisional IRA of RUC Chief Superintendent Harry Breen and RUC Superintendent Bob Buchanan in March 1989. The tribunal was established in 2005 and is chaired by Judge Peter Smithwick, former president of the District Court. The Oireachtas established the tribunal in light of Judge Peter Cory's report in a genuine desire to get at the truth both in the interest of the families who were bereaved by this atrocity and in the public interest.

The House will recall that on 1 June I proposed an amendment to the Smithwick tribunal's terms of reference to afford the Dáil the opportunity to consider the state of play with the tribunal's work and to establish a timeframe for its completion. That proposal was consistent with the chairman's previous indication to me of a timeframe for his work. I do not believe it would be helpful to the work of the tribunal to rehearse again some of the arguments which arose in this House at that time. Suffice it to say that it is clear that the tribunal has been making substantial progress in its public hearings and there is now an appropriate mechanism in place for this House to be informed of the tribunal's progress.

I put it clearly on the record of the House that if, for any reason, it did not prove possible for the tribunal to meet the timeframe set out, then the chairman could report to the Clerk of the Dáil that circumstances had arisen which required the timeframe to be extended in order that the House could consider the matter further. I also gave the House a solemn assurance that the Government's response to such an approach from the chairman would be fully cognisant of and consistent with the need for the tribunal to fulfil its obligations fully and as expeditiously as possible. I am happy to be able to tell the House that today's motion follows through on my assurance.

The chairman, in accordance with the resolutions of the Oireachtas in June, presented his interim report on 29 June 2011, in which he reported that good progress had been made in the tribunal's work to that point. The tribunal's opening statement, which the chairman submitted with that interim report, sets out fully the background to the tribunal.

Deputies will be aware that the tribunal chairman wrote to the Clerk of the Dáil on 5 October 2011 setting out the circumstances which have arisen since June and which led him to seek a six-month extension for the tribunal's work. The chairman stated in his letter that the tribunal had heard 105 witnesses to that date and has continued with other aspects of its inquiries. I welcome the progress the tribunal is making and I am pleased that this House is being kept informed of it.

The Government has considered the extension sought by Judge Smithwick and proposes that the Oireachtas should resolve to extend the timeframe for the tribunal to conclude its work and to present its final report to 31 May 2012. This is fully in line with the tribunal chairman's request. The motion also requires the chairman to prepare and submit a further interim report by 9 March 2011 on the state of play of its inquiry at that date. It is my view that it is appropriate that the Oireachtas should be kept apprised of the tribunal's progress and the interim report fulfils that.

Furthermore, I believe that it is in the public interest and in the interests of those most directly concerned by the tribunal's work that it should get to the truth and report as soon as possible. That is the objective of the motion before the House. As the establishment of this tribunal was previously agreed by all sides in the House and as the need to establish the truth relating to the circumstances which led to the murderous atrocity which resulted in the tragic death of Chief Superintendent Harry Breen and Superintendent Robert Buchanan has not previously been a matter of contention in this House, I found it surprising that this morning on the Order of Business the Technical Group, including my constituency colleague, Deputy Ross, opposed today's arrangements for the taking of this motion. The Government hopes that the tribunal can fulfil its mandate within the timeframe set out in the motion. However, if an unanticipated difficulty subsequently emerges with the target date for conclusion, I have no doubt that the chairman will report this, following which the Oireachtas will have an opportunity to consider the matter further.

The Government respects and defends fully the independence of the chairman to carry out his inquiries without fear or favour. I am confident that the tribunal will fully discharge its responsibilities and that this motion will assist in that endeavour.

I commend the motion to the House.

Dara Calleary (Mayo, Fianna Fail)
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Fianna Fáil supports the extension of the timeframe of the tribunal. I compliment Judge Smithwick and his team on the manner in which they have carried out their work to date. It is clear that the work they did in private session, ahead of the commencement of the public tribunal, was worthwhile and necessary. Since commencement of the public hearings we have had a clear and coherent narrative on a dark chapter in the life of this country. It is clear that there are other such chapters that need similar lights shone on them. However, we will at another time discuss how this should be done in terms of the island's history.

I presume the Minister's reference to receipt of an interim report by 9 March 2011 was a mistake and that the correct date in that regard is 9 March 2012, ahead of the final report.

Alan Shatter (Dublin South, Fine Gael)
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Yes, that is a typographical error. The correct date is 9 March 2012.

Dara Calleary (Mayo, Fianna Fail)
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I know that date is important to the Minister for other reasons. It is a tribute to Judge Smithwick and his team that they have presented their work in a non-sensationalist manner, that witnesses were treated with respect and that those telling these dark tales were treated with the utmost of courtesy. It is a model for other tribunals to follow, should they wish to do so.

I share the Minister's concerns in regard to the manner in which the taking of this motion was opposed this morning. We are talking in this regard about people's lives. There were other ways to do what needed to be done this morning. Fianna Fáil supports the motion.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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Before speaking to the motion, I take this opportunity to restate Sinn Féin's support for those who lost loved ones during the course of the conflict in getting answers and the truth. Like Deputy Calleary, we believe that an issue to which we will need to return at a later date is the establishment of a process which will enable people on all sides who lost loved ones during the course of the conflict to obtain the answers that will bring them comfort.

While on the last occasion we discussed this issue in the House there was support for the work of the tribunal and the ongoing work of Judge Smithwick, Sinn Féin expressed opposition to a timeframe being put on the work of the tribunal. However, the Minister stated on that occasion that if the chairman of the tribunal requested more time he would grant such request. That request has since been received and true to the Minister's word the timeframe is being extended. Sinn Féin supports the timeframe now being put in place at the request of the chairman. We also acknowledge that the Minister has stated that if such timeframe requires further extension he will consider it. For this reason, we support the motion before the House.

Mattie McGrath (Tipperary South, Independent)
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I, too, welcome the opportunity to speak on this motion. However, I would like in the first instance to respond to the Minister's remarks in regard to the Technical Group. What the Minister said was not necessary, fair or warranted. A member of the Technical Group sought to raise an important issue this morning, namely, the protest of students in the city today in relation to broken promises by the Government, many of which promises the Minister was elected on. That is the matter which the Deputy wished to raise. He was not objecting to the taking of this motion. I did not speak to the Deputy prior to his raising the matter nor have I since then.

As a member of the Technical Group, I want to defend our record. We are not in any way undermining or opposing this worthy motion. It is a pity the Minister introduced those remarks into his speech, which I am sure was prepared before today. However, that is not surprising having previously heard the Minister make nasty remarks across the House to Members. What the Minister said, could not be further from the truth. I and other members of the Technical Group and Opposition were not aware that the time for raising issues is lost when a number of votes have been called. The matter was raised given the importance of the issue and for no other reason. We are all fully supportive of this motion, which seeks to meet the request of the imminent chairperson, Judge Smithwick.

On the last occasion Judge Smithwick raised the issue of extension of the timeframe, the Minister raised eyebrows to it. The tribunal is taking a long time to complete its work but it is dealing with a sensitive issue. I accept other tribunals are also dealing with sensitive and important issues such as fraud and so on. However, in this instance traumatised families are involved. They have paid the ultimate sacrifice in terms of the murder of the two RUC officers concerned. It has been suggested that there was a mole in the Garda Síochána. The good name of the Garda Síochána must be cleared. I understand the tribunal has so far heard from 105 witnesses and that it has a small number of staff, unlike other tribunals, current and past, which are lengthy and often present reports which one would need a great deal of time to read or an assistant to carry them from A to B.

The Technical Group supports the motion. We wish the tribunal a speedy conclusion. It is hoped all the witnesses, of which there are a number, will be listened to. As I stated earlier, the ultimate sacrifice was the death of the two RUC officers on that perilous day as they returned home from the Republic, as was the case in respect of so many other tragedies in the North. It is important the tribunal is given the time it needs to complete its work. The Minister stated that if further time is required, that will be considered. However, I do not believe that will be necessary. I believe those involved are interested in bringing this matter to a conclusion and in clearing the names of particular people. It is hoped that if wrongdoing is discovered it too will be outed.

Alan Shatter (Dublin South, Fine Gael)
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I thank Deputies for their contributions. It is important that we do not forget the events that lie behind this tribunal. Chief Superintendent Harry Breen and Superintendent Robert Buchanan, two unarmed policemen, were targeted in a well planned ambush by an IRA murder squad. They faced a hail of bullets and both were shot in the head at close range. In short, they were victims of a cold blooded execution.

The tribunal is carrying out an important inquiry to establish the truth behind suggestions that gardaí or other State employees colluded in those killings and it must be allowed to carry out its work without hindrance. It was always my intention that that occur. I would like at this point to respond to Deputy Mattie McGrath. We must remember that this tribunal was established in 2005. When I took office more than €8 million of taxpayers' money had been spent on the tribunal, with no public report of any description to this House as to progress being made by it. As a consequence of the steps taken in the motion passed in the House at the beginning of June, we received a progress report at the end of June.

It is important that tribunals engaged in serious work, as is this tribunal, cannot carry on their work indefinitely, without ever reporting to the Houses of the Oireachtas as to where matters stand. While it would be entirely wrong for the tribunal to pre-judge the outcome of any issue which is the subject matter of its inquiries, it should inform the House where matters stand. Taxpayers are also entitled to know this. That was the purpose of the motion in June. The timeframe then prescribed by the motion was based on a timeframe indicated to me by Judge Smithwick as the appropriate timeframe for conclusion of the tribunal's work. It then turned out that Judge Smithwick had a different view subsequently. That view has proven correct.

However, the motion preceded the commencement of the oral hearings of the tribunal. It has held extensive oral hearings and some parts of the oral hearings have been reported in the press. It would be entirely inappropriate for me, as Minister for Justice and Equality, to refer in any shape or form to any selection of the evidence reported to have been given. It is of the utmost importance that the tribunal independently completes its oral hearings and its inquiries and produces a report. It is my hope that it will now be able to fulfil the timeframe indicated to the Clerk of the Dáil by Judge Smithwick. There is a very real public interest in the tribunal completing its work in reaching the conclusions appropriate to the evidence heard by it and the inquiries conducted by it, both in the national interest and very much in the interest of the bereaved families of the two RUC officers who so tragically died.

Nevertheless, having expressed the hope that the tribunal would complete its work within the now prescribed timeframe in the motion before the House, if something unexpected occurs and if Judge Smithwick again corresponds to the Clerk of the Dáil requiring a time extension, that will be given the consideration of Government and of the House. There is a keen interest in ensuring the tribunal independently completes its work and deliberations and reports to the House.

On a final point, Deputy Mattie McGrath said that the Technical Group did not oppose this matter and that a Deputy in the Technical Group was raising another matter. This was No. 12 on the Order of Business and it was the third proposal to be put to the House. It was clearly a matter relating to the arrangements before the House for the taking of this very important motion.

Mattie McGrath (Tipperary South, Independent)
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That is not true.

Alan Shatter (Dublin South, Fine Gael)
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Any other Member of the Opposition or indeed a Member on the Government backbenches who had an issue extraneous to this motion which he or she wished to raise, had a myriad of different procedural ways of raising it.

Mattie McGrath (Tipperary South, Independent)
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That is not true.

Alan Shatter (Dublin South, Fine Gael)
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What occurred factually in this House today was the Technical Group and those who compose it who were present in the House sought to oppose the arrangements for the taking of this motion before the House today-----

Mattie McGrath (Tipperary South, Independent)
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That is a total lie. It is a total untruth, totally untrue.

Alan Shatter (Dublin South, Fine Gael)
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I welcome Deputy Calleary's agreement with me on that issue. It was inappropriate, on an issue of this seriousness, that an issue arose on the Order of Business today. The matter has been dealt with and the important fact is that the motion has the unanimous support of this House at this stage.

I will conclude by thanking Deputies for the support expressed for the motion.

Mattie McGrath (Tipperary South, Independent)
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Of course we support it.

Peter Mathews (Dublin South, Fine Gael)
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It may have been a slip of the tongue by the Deputy but I must ask him to withdraw the word, "lie".

Mattie McGrath (Tipperary South, Independent)
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Of course I withdraw the word "lie", but it is not true and it is not fair. The Minister referred to his own constituency colleague, Deputy Ross, who had nothing to do with it and that is very unfair or very inaccurate. He should correct the record of the House in that regard. We all support it. I tried to explain why we wanted to raise it because we were out of time on other issues. I had a matter to raise this morning, as had Deputy Healy Rae and others. The Minister is not telling the truth, he is not being truthful.

Peter Mathews (Dublin South, Fine Gael)
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Deputies, please. I am concluding the matter and I ask the Deputies to respectively reflect on their positions.