Michael McDowell (Dublin South East, Progressive Democrats)

I express the Taoiseach's regret that he is not able to be here today for these statements. He initiated this process following his meeting with the Justice for the Forgotten group on 22 April 1999 and he remains deeply committed to the victims and their families and the search for the truth surrounding these terrible atrocities. As Attorney General at the time, I was centrally involved in these developments.

It needs to be stated that the Dublin and Monaghan bombings left an indelible mark on the people of Ireland. The bombings did not simply affect Dublin and Monaghan. Those who were so cruelly taken on that day and many of those who suffered such terrible injuries came from all walks of life and from all over the country. The Independent Commission of Inquiry into the Dublin and Monaghan Bombings, whose sole member was first the former Chief Justice, the late Liam Hamilton, and later Mr. Justice Henry Barron, began its work in early 2000. It was asked to undertake a thorough examination involving fact finding and assessment of all aspects of the Dublin and Monaghan bombings and their sequel, including the facts, circumstances, causes and perpetrators of the bombings; the nature, extent and adequacy of the Garda investigation, including co-operation with the relevant parties in Northern Ireland and the handling of evidence, including the specific analysis of forensic evidence; the reasons no prosecutions took place, including whether and, if so, by whom and to what extent the investigations were impeded; and the issues raised by the "Hidden Hand" television documentary broadcast in 1993.

This was to prove a difficult and time consuming task. The events being examined took place 30 years ago and many of those who were centrally involved at that time are since deceased. Accessing records both inside and outside the jurisdiction proved difficult and in some cases it was simply not possible. In particular, the non-availability of records in Northern Ireland meant the scope of Mr. Justice Barron's report was, as he described it himself, limited as a result.

Mr. Justice Barron drew conclusions relating to the terms of reference given to the commission. I do not propose to go into all of the conclusions in his report in detail, save to say that it sheds a great deal of light on what happened on that day, why it happened, who was responsible and the actions that ensued.

Key among Mr. Justice Barron's conclusions was that the Dublin and Monaghan bombings were carried out by loyalist paramilitaries, most of whom were members of the UVF, primarily as a reaction to the prospect of a greater role for the Irish Government in the administration of Northern Ireland arising from the Sunningdale Agreement. It was also concluded that these loyalist groups were capable of carrying out the bombings without help from any section of the security forces in Northern Ireland, although it is likely that individual members of the UDR and RUC either participated in or were aware of the preparations for the attacks.

Mr. Justice Barron further concluded that the Garda investigation failed to make full use of the information it obtained and that the State was not equipped to conduct an adequate forensic analysis of the explosions, one consequence of which was that potentially vital clues were lost.

As I said at the time of publication of the Barron report, it would not be possible for me to account for the course of a Garda investigation some decades ago, but it is a matter of regret to me that the report found serious inadequacies with the Garda investigation. Since that time there have been profound changes in Garda structures, criminal justice legislation, available technology and co-operation between police services. Nothing is perfect even now but strides have been made since that time. Although obviously there is concern and disappointment about what the Barron report states about the Garda investigation, we should not lose sight of the fact that in the course of the past 30 years the Garda has proved vital in preserving the security of the State and some of its members have been called on to pay the ultimate sacrifice in that regard.

Mr. Justice Barron found no evidence that any branch of the security forces in Northern Ireland knew in advance that the bombings were about to take place. I put on record my appreciation and the appreciation of the Government for the work carried out by the late Chief Justice, Liam Hamilton, and by Mr. Justice Barron and his team. I also thank Mr. Justice Barron for the assistance he gave to the Oireachtas joint committee. I know the committee greatly appreciated his help.

On 10 December last, Mr. Justice Barron's report into the bombings was referred to the Oireachtas and both Houses of the Oireachtas asked the Joint Committee on Justice, Equality, Defence and Women's Rights to consider whether the report addressed all of the issues covered in its terms of reference; the lessons to be drawn and any actions to be taken in the light of the report, its findings and conclusions; and whether, having regard to the report's findings and following consultations with the inquiry, a further public inquiry into any aspect of the report would be required or fruitful.

The referral of Mr. Justice Barron's report to the joint committee provided a very useful context for detailed consideration of the judge's report and for further submissions by those who contributed to the work of the commission or who were the subject of comment in the report. I am glad so many submissions were received and that many of those who were the subject of the conclusions in the report availed of the opportunity to meet with the committee and put their points of view. The Taoiseach appeared before the joint committee on 25 February last and I appeared before it on 10 February to respond to questions on points of interest.

Anybody who heard the testimony of those who lost loved ones and those who were injured in the bombings — some are still suffering from those horrific injuries to this day — could not fail to have been moved by their harrowing stories. It is true that for those affected by the bombings following 17 May 1974, their lives were never the same again. It is also true that rarely, if ever, have such distressing accounts been heard in these Houses or by any Oireachtas committee.

I am glad that the inquests into the deaths of those who were killed in the bombings have at last been held. The coroner apologised to the families for the delay in holding those inquests. That apology was welcome because I have no doubt that the absence of inquests contributed significantly to the sense of abandonment of the families. At the inquest hearings, the families had a further opportunity to remember their lost loved ones and recall the circumstances of their deaths. I hope in some small way that this has helped the healing process for those who felt abandoned.

The committee reported back to the Oireachtas on 31 March 2004 and since then Members of the House have had an opportunity to consider its findings. I would like to address some of the issues raised in the committee's report and the conclusions it reached. I would preface my remarks by saying that the Government has not yet considered the report, in advance of the House expressing its views, but the Government will do so in light of the views expressed by Senators in the debate today and in light of the inquest jury's findings.

The committee expressed views on a wide range of issues, as requested in its terms of reference, and each of them requires careful examination. They will be considered by the Government in due course. The committee also considered the difficult questions about whether a public inquiry into any aspect of the report would be required or fruitful. The committee broke down the issues which were of concern to it into internal issues which could be resolved within this jurisdiction, as follows: Why the Garda investigation had been wound down; missing documentation in the Garda organisation; and, what documentation, if any, was missing in my Department.

The committee is of the view that a commission of investigation pursuant to legislation — which, I am glad to note, has now been passed by this House — would be an ideal way to deal with the issues pertaining to this jurisdiction. In particular, such a commission would, hopefully, in the committee's view, resolve those issues in a speedy and effective manner, while fully respecting fair procedures and natural justice.

I know that reservations have been expressed by Justice for the Forgotten about the suitability of this type of inquiry for a matter of this nature. I am sure that Senators will express their own views in the course of our deliberations this afternoon. The Government will make a decision having considered all of those views.

The committee also considered external issues relating to the identity of the perpetrators and whether there was State collusion. Many of the submissions and, indeed, Mr. Justice Barron's statement to the committee, allude to the high level of collusion operating in Northern Ireland at the time, in 1974, and on different occasions before and since.

There is a significant amount of material in the Barron report which could suggest a link between some of those who were suspected of having a role in the bombings and members of the security forces in Northern Ireland. The committee considered this issue at length and received oral and written submissions from representatives of victims' and relatives' groups, legal representatives and other organisations. Most of those submissions relate to the issue of co-operation by the British authorities with Mr. Justice Barron's independent commission and the committee itself.

The Secretary of State for Northern Ireland, Paul Murphy — whom I met today at Farmleigh in a different context — wrote to the committee and gave his personal assurance that information was provided in the fullest possible manner, consistent with his responsibilities to protect national security and the lives of individuals. However, notwithstanding this reply, on the question of whether there should be a further investigation of or inquiry into the identity of the perpetrators and on the issue of collusion, the committee considered that a public tribunal of inquiry in Northern Ireland and-or Britain was requisite, and represented the best possible opportunity to succeed.

Before any inquiry would proceed, however, the committee has recommended that what is required, in the first instance, is a Weston Park-style inquiry of the type carried out by Judge Peter Cory. The House will recall that following agreement reached between the British and Irish Governments at Weston Park in 2001, Judge Cory, a retired Canadian Supreme Court judge, was appointed to undertake a thorough investigation of allegations of collusion between British and Irish security forces and paramilitaries, in six cases. The aim of the process was to determine whether there is sufficient evidence of collusion between state security forces and those responsible for the killings in each case to warrant a public inquiry.

Such a Cory-style investigation, according to the committee, should be conducted on the basis that the judge conducting the investigation should be of international stature; the investigation should have the power to direct witnesses for interview, the power to compel the delivery of documentation and to inspect premises; time limits should be agreed for the commencement, duration and conclusion of the investigation; the judge conducting the investigation could recommend further action, including whether a public inquiry in either jurisdiction should be held; and the relevant government would be obliged to implement any recommendation within a specified time limit.

The Government will consider this recommendation carefully, although it is the case that a Cory-type inquiry would be non-statutory and, thus, would not have powers beyond those available to Mr. Justice Barron.

The question of dealing with the events of the past 30 years of conflict in Northern Ireland is difficult. In this jurisdiction, we have asked Mr. Justice Barron to examine a number of further cases, and he recently sent his report to the Taoiseach on some atrocities that were attempted or perpetrated before 1974. Those include the 1972 and 1973 Dublin bombings, and other bombings and incidents. It is the intention that this report will also be referred to the Oireachtas in the near future, and will be published.

Mr. Justice Barron, for his part, will report later this year on other events perpetrated after 1974, including the Séamus Ludlow case, the Dundalk bombing of 1975, and the Castleblayney bombing of 1976. In carrying out this work, the Government's primary concern has been for the victims of all these outrages and their relatives. The excellent work of the former Tánaiste, John Wilson, in preparing the report of the victims' commission, provided a sound basis for responding to the needs of those who suffered such loss and who, over the years, were largely forgotten.

The Government has established a remembrance fund commission and has provided €9 million to be spent over the next three years to acknowledge the loss people suffered and to provide for the ongoing medical needs of victims. Applications for receipt of funding have recently been invited by that commission. Through the fund, it is also being arranged to make a substantial contribution to the Northern Ireland memorial fund.

There are lessons to be learned. The Government will consider the committee's recommendations carefully and will take account of the contributions that have been made in Dáil Éireann and those that will be made here today. We will take action on foot of what we hear.

I would like to thank all of those who co-operated with Mr. Justice Barron in compiling his report, and with the Sub-Committee on the Barron Report of the Joint Oireachtas Committee on Justice, Equality, Defence and Women's Rights in its deliberations. They have made a valuable contribution to the search for the truth. The committee itself carried out its work diligently and with great care, and I would like to pay tribute to the members of the committee, in particular to Senator Jim Walsh, for the work they did and the sensitive way in which they conducted the proceedings.

Finally, I would like to pay a special tribute to the work of Justice for the Forgotten, who have so ably represented those who suffered so much as a result of the atrocities perpetrated against them. I know that this has been a difficult and lengthy process for them. I know that personally because I was a backbench Deputy in the Lower House at a time when that organisation was attempting to put in place an all-party group to support its campaign. I was glad to be of assistance to Justice for the Forgotten at that time. I am glad that, over recent years, the Department of Justice, Equality and Law Reform has been able to assist the group financially and that this support will continue under the auspices of the remembrance fund.

In recent years, considerable progress has been made in securing peace and stability on this island of ours. We still have some considerable way to go, but the current position is infinitely better than the dark days of the Troubles when these explosions took place. We are dealing collectively with the legacy of the past. The ongoing work of Mr. Justice Barron helps us substantially to confront and come to terms with that past.