Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

This motion proposes to amend the terms of reference of the tribunal of inquiry into suggestions of collusion by members of An 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, as Members know, was established by the Oireachtas in 2005 and it is chaired by Judge Peter Smithwick, former President of the District Court. The Smithwick tribunal was established arising from the Weston Park talks in 2001 and in light of Judge Peter Cory's subsequent report on the murder of the RUC officers. Its purpose is to get at the truth of these suggestions of collusion both in the public interest and, importantly, in the interests of the families who were bereaved by this atrocity.

Senators will be aware that, on 12 October, the Clerk of the Dáil received a letter from the tribunal chairman requesting an extension of the deadline for the conclusion of the tribunal's work. The Clerk of the Dáil laid that letter before both Houses. This motion will provide for an extension of nine months, that is, to 31 July 2013, to the current date established for the conclusion of the tribunal's inquiries and the submission of its final report. This is fully in line with Judge Smithwick's request, and the Government hopes the tribunal can fulfil its mandate within the revised timefrarne which has been set out.

In his recent letter the tribunal chairman states that due to the serious illness of a key witness and based on the medical advice of the witness's doctor, the taking of evidence from that witness has had to be deferred for a period of five or six months. This witness is considered fundamental to the tribunal's remit and the chairman indicates he must provide for completing his evidence when the witness is medically fit so to do. The chairman notes that, due to the ill-health of this witness, the taking of his evidence has been significantly delayed.

Judge Smithwick also states that additional intelligence-based material was only recently and unexpectedly presented to the tribunal. In July and again in September of this year, the British authorities and the Police Service of Northern Ireland provided this new material to the tribunal. The chairman considers this material to be highly relevant to the work of the tribunal and that he must, therefore, investigate it and provide for hearings related to it, if need be.

It is clearly a matter of concern that significant information should emerge at such a late stage in the tribunal's hearings. However, it is a matter for the tribunal at this stage to address the issues arising and the House will appreciate that I could not comment in detail on the matter without becoming involved in the substance of the work being carried on at the tribunal. I note, however, that the chairman makes the point in his letter that some of this new material is currently highly sensitive and characterised as being "of the moment". I regard it as surprising that new material of relevance to the tribunal's work has been furnished to it only very recently having regard to the duration of the tribunal's engagement. I believe it is essential such information that does exist and that is of relevance to the tribunal's terms of reference is made available fully to the tribunal and that the completion of its important work and of its deliberations is not unnecessarily delayed. In light of the late emergence of this material, I have been assured by the British authorities that every assistance is being afforded by them to the tribunal. In addition, I have assured Judge Smithwick that I remain available to assist him in this regard if at any stage he feels it necessary or appropriate.

The Government, having considered the tribunal chairman's request, proposes that the Dáil should resolve to extend the timeframe for the tribunal as requested and that this House should do so as well. As an additional measure and to ensure this House is kept fully abreast of the tribunal's progress towards conclusion in this additional period, the proposal provides for two further interim reports from the tribunal to be submitted by 31 January 2013 and by 31 April 2013. I emphasise, as I have done previously, that if, for any reason, it does not prove possible for the tribunal to meet the timeframe set out, the chairman can report this to the Clerk of the Dáil in order that the House might consider the matter further. I can also reassure this House that, as we have demonstrated to date, 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.

The Government respects the importance of the tribunal chairman carrying out his inquiries fully and without fear or favour, and is anxious to support him in doing that. I am confident this motion will assist in that endeavour and I commend the motion to the House.