Seanad debates

Wednesday, 1 June 2011

Smithwick Tribunal of Inquiry: Motion

 

4:00 pm

Photo of Ivana BacikIvana Bacik (Independent)

I welcome the Minister for Justice and Equality, Deputy Alan Shatter, who will also be in the House tomorrow for Second Stage of the Criminal Justice (Female Genital Mutilation) Bill 2011, the first Bill to come before the new Seanad. I look forward to that debate.

I welcome the context in which we are debating this motion, namely, the unprecedented moves forward in the peace process in recent weeks following the successful visit here of Queen Elizabeth II which clearly marked a major step forward in the development of the peace process and relations between the two islands, which is important. I am sure Senator Thomas Byrne did not intend to dispute the Government's support for and commitment to the peace process. As a former law student of mine, I would not like him to be misquoted. Clearly, the Government is deeply committed to the continuance of the peace process.

The Government is also committed to the work of the tribunal. In any debate on it one must start with an expression of sympathy to the families of the RUC officers, chief superintendent Harry Breen and superintendent Bob Buchanan, brutally murdered in 1989. To echo the Minister's words, the murders were absolutely brutal and barbaric. It is vitally important that we seek to investigate any allegations or claims of collusion by the Garda Síochána or State agents in the murders. We are all committed to the work of the tribunal which was established six years ago and has to date cost more than €8 million. Concerns have been expressed at regular intervals during the years about the delays in its work and the lack of public hearings. It is reasonable at this point to seek to place some framework on the work of the tribunal. I am glad to hear the Minister say this is not about winding down or curtailing the work of the tribunal, an important acknowledgement. I am also glad to hear that the chairman of the tribunal has indicated to the Minister that he can complete the tribunal's work within the timeframe envisaged in the Government motion. Furthermore, I am glad to hear that the motion provides that the chairman may come back to the Minister or the Oireachtas should the timeframe in this regard need to be extended. This, too, is important.

I share the Minister's view that the Fianna Fáil amendment would not be workable. I would be concerned that the resolutions provided for in the amendment would undermine the work of the tribunal far more significantly than, as Fianna Fáil is alleging, the motion. The amendment would provide that the Minister would prepare a detailed report for the Oireachtas. It is up to the tribunal to prepare such a report. The motion stipulates that an interim report be submitted by 30 June which represents very little difference to the original terms of reference of the tribunal which were that it would produce such a report as soon as may be after the tenth day of any oral hearings. We know that oral hearings are due to commence on 7 June. The Fianna Fáil amendment would also require the tribunal to complete its findings and submit its final report by the end of November. We have heard from the Minister that the chairman has indicated that that timeframe would be workable for the tribunal.

One should acknowledge in any discussion of the tribunal's work that it has faced serious obstacles, including national security issues, gagging orders and, as reported at one point, an industrial relations dispute. Clearly, there were issues that contributed to the delays in the process. One should be mindful that in his opening statement six years ago Mr. Justice Smithwick said he hoped the inquiry would proceed expeditiously, which is what we would all like. It is in the interests of the bereaved families and other persons interested in the outcome of the tribunal that it proceed expeditiously. The tribunal has done a great deal of investigative work at this stage.

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