Alan Shatter (Dublin South, Fine Gael)

This motion proposes to amend the terms of reference of the tribunal of inquiry into allegations 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. Dáil Éireann considered and approved a similar motion yesterday and I appreciate the support given to that motion by both Fianna Fáil and Sinn Féin.

The Oireachtas established the Smithwick tribunal in light of Judge Peter Cory's report in a genuine desire to get at the truth both in the interest of the families who were bereaved by this atrocity and in the public interest. Senators will recall that on 1 June this year, I proposed an amendment to the Smithwick tribunal's terms of reference to afford the Seanad the opportunity to consider the state of play with the tribunal's work and to establish a timeframe for its completion. That proposal was consistent with the chairman's previous indication to me of a timeframe for his work. I do not believe it would be helpful to the work of the tribunal to rehearse again some of the arguments which arose in this House at that time. Suffice it to say it is clear the tribunal has been making substantial progress in its public hearings, which commenced after the motions were dealt with in both Houses, and there now is an appropriate mechanism in place for this House to be informed of the tribunal's progress.

I put it clearly on the record of the House that if, for any reason, it did not prove possible for the tribunal to meet the timeframe set out then, the chairman could report to the Oireachtas that circumstances had arisen which required the timeframe to be extended in order that the House could consider the matter. I also gave the Seanad a solemn assurance 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. I am happy to be able to tell Senators that today's motion follows through on that assurance.

The chairman, in accordance with the resolutions of the Oireachtas in June, presented his interim report on 29 June 2011, in which he reported that good progress had been made in the tribunal's work. The tribunal's opening statement, which the chairman submitted with that interim report, sets out fully the background to the tribunal. Senators will be aware that the tribunal chairman wrote to the Clerk of the Dáil on 5 October 2011 setting out the circumstances which have arisen since June and which lead him to seek a six-month further extension for the tribunal's work. The chairman states in his letter that the tribunal had heard 105 witnesses to that date and has continued with other aspects of its inquiries. I welcome the progress which the tribunal is making and I am pleased that this House is being kept informed of it.

The Government has considered the extension sought by Judge Smithwick and proposes that the Oireachtas should resolve to extend the timeframe for the tribunal to conclude its work and to present its final report to 31 May 2012. This is fully in line with the tribunal chairman's request. The motion also requires the chairman to prepare and submit a further interim report by 9 March 2012 on the state of play of its inquiry at that date. It is my view that it is appropriate that this House should be kept informed of the tribunal's progress and the interim report fulfils that. Furthermore, I believe it is in the public interest and in the interests of those most directly concerned by the tribunal's work that it should get to the truth and report as soon as possible. That is the objective of the motion before the House.

The Government hopes the tribunal can fulfil its mandate within the timeframe set out in the motion. However, if an unanticipated difficulty emerges subsequently with the target date for conclusion, I have no doubt that the chairman will report this and the Oireachtas will have an opportunity to consider the matter further. The Government respects and fully defends the independence of the chairman to carry out his inquiries without fear or favour. I am confident that the tribunal will fully discharge its responsibilities and the motion will assist in that endeavour. I commend it to the House.