Jim Walsh (Fianna Fail)

I move:

That Seanad Éireann:

—noting that following agreement reached between the British and Irish Governments at Weston Park in 2001, retired Canadian Supreme Court Judge Mr. Peter Cory was appointed to undertake a thorough investigation of allegations of collusion between British and Irish security forces and paramilitaries in six incidents;

—noting that the aim of this 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;

—noting that, as part of the Weston Park agreement, the two Governments committed themselves that in the event that a public inquiry is recommended in any case, the relevant Government will implement that recommendation;

—noting that having completed his investigation into the murder of Chief Superintendent Harry Breen and Superintendent Robert Buchanan, both of the Royal Ulster Constabulary RUC, Mr. Peter Cory concluded that evidence was revealed that, if accepted, could be found to constitute collusion;

—mindful that certain incidents from the past in Northern Ireland giving rise to serious allegations of collusion by security forces in each jurisdiction remain a source of grave public concern;

resolves that it is expedient that a tribunal established under the Tribunals of Inquiry (Evidence) Acts 1921 to 2002 to inquire into the following definite matter of urgent public importance:

—Suggestions that members of the Garda Síochána or other employees of the State colluded in the fatal shootings of RUC Chief Superintendent Harry Breen and RUC Superintendent Robert Buchanan on 20 March 1989;

and to report to the Clerk of Dáil Éireann and to make such findings and recommendations as it sees fit in relation to these matters;

and further resolves that:

(I) the tribunal shall report to the Clerk of the Dáil on an interim basis not later than three months from the date of establishment of the tribunal and as soon as may be after the tenth day of any oral hearings of the tribunal on the following matters:

(a) the number of parties granted representation by the tribunal,

(b) the progress which will then have been made in the hearings and work of the tribunal,

(c) the likely duration, so far as might then be capable of being estimated, of the proceedings of the tribunal,

(d) any other matters that the tribunal considers should be drawn to the attention of the Houses of the Oireachtas at the time of the report, including any matters relating to its terms of reference;

(II) if the tribunal finds that there is insufficient co-operation from a person(s) not compellable to give evidence pursuant to the provisions of the Tribunals of Inquiry (Evidence) Acts 1921 to 2002, to report that fact to the Clerk of the Dáil, including the steps taken by the tribunal to obtain the co-operation of that person(s), for consideration by the Houses of the Oireachtas, in conjunction with the Minister for Justice, Equality and Law Reform, having regard to the public interest; and

(III) the inquiry shall be completed in as economical a manner as possible and at the earliest possible date consistent with a fair examination of the matters referred to it.