Thomas Byrne (Fianna Fail)

I congratulate Senator Denis O'Donovan on his election as Leas-Chathaoirleach.

I move amendment No. 1:

To delete all words after "Seanad Éireann" where it firstly occurs and substitute the following:

"notes that:

— the Oireachtas established the Smithwick tribunal as a central part of the confidence-building measures which led to major breakthroughs in relations with key parts of the Unionist community;

— the work of the tribunal demonstrates that the Irish Government is willing to open up to scrutiny all issues, no matter how potentially uncomfortable they are, concerning actions by the State and its officers in the decades before the ceasefires;

— while press briefings have explained the basis for the Government's proposal to curtail the work of the tribunal, no information has been given to members of the Oireachtas; and

— while legal costs must be addressed, no move should be made to curtail the work of the tribunal without a detailed report being submitted to the Oireachtas justifying such a move and following a process of consultation with interested parties in Northern Ireland; and

resolves that:

— the Minister for Justice and Equality should prepare for the Oireachtas a detailed report outlining all relevant information and arguments concerning the work of the tribunal and how, if the work of the tribunal is curtailed, he proposes to meet the central objective of reaching a clearer conclusion relating to the allegation of collusion; and

— consultations be undertaken with all interested parties in advance of any proposal to curtail the work of the tribunal being put to the House."

This is an important but tersely drafted motion which does not take into account the human suffering involved or the complex and emotional relations between the peoples of this island and between Britain and Ireland. Let us not forget that the origins of this tribunal ultimately lie in an international agreement between two countries, namely, Britain and Ireland, taking into account the interests of the people and institutions of Northern Ireland. There has been no consultation and no effort has been made to ascertain the views of various bodies or persons such as the Secretary of State for Northern Ireland, the British Government, the Minister for Justice in Northern Ireland, the First Minister or the Deputy First Minister on the issue. Last month Mr. Peter Robinson was at home in this country while his Queen was on a state visit. The Government, in bringing forward this tersely drafted motion which provides no explanation of the Minister's position, is massively undermining the relations built in the past 15 years between Britain and Ireland and does not provide any comfort for those involved. It is a terrible motion.

The Minister has misrepresented the Fianna Fáil amendment which does not seek to interfere with the terms of reference of the tribunal. It merely asks that the Minister prepare a report outlining his and the Government's reasons for curtailing the tribunal's work and for consultations to be held with all interested parties in advance of any proposal to curtail the work of the tribunal. That may well be an international legal obligation of the State because of our relations with Britain are the genesis of the tribunal. The Government has not done so and as such has massively damaged relations between the parties involved.

There is no doubt that people are concerned about the cost of tribunals. The mind boggles at the length and cost of tribunals, an issue on which I often spoke as a backbencher in the other House. One cannot rush in with a sledgehammer as has been done in this case. There should be no curtailment of the tribunal's work without proper justification and consultation. The motion undermines the hard work done over many years. While I do accuse the Minister or the Government of breaching or undermining the peace process, the motion brings to mind previous individual attitudes within Fine Gael to the peace process.

The Government is all over the place on this issue. It states the tribunal is to be curtailed, but that it will not force it if there is no agreement on the matter.