Jimmy Deenihan (Kerry North-West Limerick, 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 and the Resolution passed by Dáil Éireann on 16 November 2011 and by Seanad Éireann on 17 November 2011, pursuant to the Tribunals of Inquiry (Evidence) Acts 1921 to 2004, be further amended in paragraph (IV) by substituting '31 October 2012' for '31 May 2012'."

Alan Shatter (Dublin South, Fine Gael)
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This motion proposes to amend the terms of reference of the tribunal of inquiry into suggestions 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 Smithwick tribunal arising from the Weston Park talks in 2001 and in light of Judge Peter Cory's subsequent report in a desire to get at the truth of suggestions of collusion, in the interest of the families bereaved by this atrocity and in the public interest.

The motion will provide for an extension in the date established for the conclusion of the tribunal's inquiries and the submission of its final report by five months to 31 October 2012. On 16 November 2011, the Dáil amended the tribunal's terms of reference and established 31 May 2012 as the date by which the tribunal should complete its inquiries and submit its final report to the Clerk of the Dáil. On that occasion, I made it clear, as I had done previously that if for any reason it did not prove possible for the tribunal to meet the timeframe set out, the chairman could report to the Clerk of the Dáil that circumstances had arisen that required the timeframe to be extended in order that the House could consider the matter. I also assured the House 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. At the time of the previous extension it was clear the chairman was of the view that the tribunal's work would be complete and the report available by 31 May.

On 17 May 2012 the tribunal chairman wrote to the Clerk of the Dáil in order to provide an update on the tribunal's progress and to seek an extension of the deadline for the conclusion of its work. The Clerk of the Dáil laid the letter before both Houses. In his letter the tribunal chairman states that since his second interim report was provided to the Oireachtas on 8 March 2012, the tribunal has heard evidence from a further 18 witnesses, some of whom had not been foreseen or scheduled at that time. The chairman indicates the tribunal has heard evidence from 190 witnesses in total and that he had anticipated concluding the public hearings very shortly.

The chairman also refers to the current indisposition through illness of one witness, whom the chairman considers to be the tribunal's final substantive witness. In the circumstances, the taking of evidence from that witness has had to be deferred for the time being. He also notes that he anticipates taking evidence from a small number of further witnesses who have yet to be scheduled.

The Government has considered the tribunal chairman's request and proposes that the Dáil should resolve to extend the timeframe for the tribunal to conclude its work and to present its final report to 31 October 2012. This is fully in line with the chairman's request. The Government hopes the tribunal can fulfil its mandate within the revised timeframe set out in this motion.

The Government respects fully the independence of the tribunal chairman to carry out his inquiries without fear or favour and is anxious to support the tribunal in doing that. I am confident the tribunal will fully discharge its responsibilities and that the motion will assist in that endeavour. It is important, and of benefit to the House, that the House be informed of progress made. That was detailed by the tribunal in the letter to the Clerk of the Dáil. In these circumstances, I commend the Motion to the House.

Dara Calleary (Mayo, Fianna Fail)
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Fianna Fáil supports the motion. I compliment Judge Smithwick and his team on the efficient manner in which they are carrying out their work. The report included in his letter seeking an extension is a model for other tribunals and agencies providing progress reports. Given that the final report will be challenging, I ask the Minister to put some thought into the publication and briefing arrangements for the families and those involved. Perhaps it is possible to provide a briefing for Members before publication of what will be a challenging report.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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Sinn Féin also supports the motion. It is clear from the chairman's letter that the tribunal's work is progressing, with only one substantive witness remaining, in addition to several other witnesses. It is appropriate and important that the tribunal is given as much time as possible to complete its important work.

Alan Shatter (Dublin South, Fine Gael)
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I thank both Deputies-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Mattie McGrath will speak for the Technical Group.

Mattie McGrath (Tipperary South, Independent)
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On behalf of the Technical Group and the Independents, I support the motion. I welcome the fact that much progress has been made since the last extension was granted. The Minister indicated he would grant further time if necessary and I note the Minister suggests October as the completion date. It is a reasonable timeframe. According to the judge's letter, he has only one remaining substantial witness and a number of minor witnesses after which he will finalise his report. There are health reasons for the delay with the substantive witness. I hope he will complete his work by October. Like Deputy Calleary, I hope arrangements will be made for publication because it will be a delicate and sensitive matter when the final report is published. The families must be handled sensitively. Perhaps Members can receive a copy or a briefing before the report is published. I wish the tribunal well and hope it can conclude before October.

Alan Shatter (Dublin South, Fine Gael)
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I am sorry for interrupting the previous speaker. I thank all three Deputies for their support of the motion. It is in the interests of the families and in the public interest that the tribunal completes its comprehensive work. I hope it can meet the deadline of 31 October. Previous deadlines were furnished to the House and, unfortunately, for a number of reasons the tribunal was not able to meet them.

I thank Deputies for their suggestions about the publication of the report. The bereaved families are represented before the tribunal and will have sight of the report before others. That is a matter for the tribunal and I expect it is the normal process. The tribunal is independent and has charge of publishing its report. All Members will receive the report at the same time as it will be a report made to this House by the tribunal. In the context of the request that Deputies be briefed, Members of the House will be in the same position as members of Government or the Minister in regard to the timeframe. As I understand, the report will go to the Clerk of the Dáil and become available to us then. I will confirm this point for Deputies.

It is a report of great significance and importance as well as being a cause of upset and distress, no matter what its conclusions, to the immediate family members affected by the atrocity. The tribunal will take the necessary care to ensure the bereaved relatives of the former members of the RUC are fully aware of the content of the report and receive a copy in advance. After Members of the House have had the opportunity to consider its content, there will be statements or a debate in this House. I thank Members for their assistance and support.