Alan Shatter (Dublin South, Fine Gael)

This motion proposes to amend the terms of reference of the tribunal of inquiry into suggestions 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. This tribunal was established in 2005 and is chaired by Judge Peter Smithwick, former President of the District Court. The Oireachtas established the Smithwick tribunal arising from the Weston Park talks in 2001 and in light of Judge Peter Cory's subsequent report in a desire to get at the truth of these suggestions of collusion, both in the interest of the families who were bereaved by this dreadful atrocity and in the public interest. This motion will provide for an extension of the date established for the conclusion of the tribunal's inquiries and the submission of its final report by five months to 31 October 2012.

On 17 November 2011, Seanad Éireann amended the tribunal's terms of reference and established 31 May 2012 as the date by which the tribunal should complete its inquiries and submit its final report to the Clerk of the Dáil. On that occasion in November last, I made it clear, as I had done previously, that if for any reason it did not prove possible for the tribunal to meet the timeframe set out, the chairman could report to the Clerk of the Dáil that circumstances had arisen which required the timeframe to be extended in order that the House could consider the matter. I also assured the House 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. In November last, the chairman was firmly convinced the tribunal would complete its work and be in a position to publish its report by 31 May 2012, but that has not proved possible.

On 17 May 2012 the tribunal chairman wrote to the Clerk of the Dáil to provide an update on the tribunal's progress and to seek an extension of the deadline for the conclusion of its work. The Clerk of the Dáil laid the letter before both Houses. In his letter, the tribunal chairman stated that since his second interim report was provided to the Oireachtas on 8 March 2012, the tribunal had heard evidence from a further 18 witnesses, some of whom had not been foreseen or scheduled at that time. He indicated that the tribunal had heard evidence from 190 witnesses in total and that he anticipated concluding the public hearings very shortly. The chairman also referred to the current indisposition through illness of one witness whom he considers to be the tribunal's final substantive witness. In the circumstances, the taking of evidence from that witness has had to be deferred for the time being. He also noted that he anticipates taking evidence from a small number of further witnesses who have yet to be scheduled.

The Government has considered the tribunal chairman's request and proposes that the Seanad resolve to extend to 31 October 2012 the timeframe for the tribunal to conclude its work and present its final report. This is fully in line with the chairman's request. The Government hopes the tribunal can fulfil its mandate within the revised timeframe, which is set out in this motion.

The Government respects fully the independence of the tribunal chairman to carry out his inquiries without fear or favour and is anxious to support the tribunal in doing that. I am confident the tribunal will fully discharge its responsibilities and this motion will assist in that endeavour. I commend the motion to the House.