Ivana Bacik (Independent)
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I move:

That Seanad Éireann resolves that the terms of reference contained in the Resolution passed by Dáil Éireann on 23 March 2005 and by Seanad Éireann on 24 March 2005, as amended by the Resolutions passed by Dáil Éireann and Seanad Éireann on 1 June 2011, the Resolution passed by Dáil Éireann on 16 November 2011 and by Seanad Éireann on 17 November 2011, and the Resolutions passed by Dáil Éireann and Seanad Éireann on 23 May 2012, pursuant to the Tribunals of Inquiry (Evidence) Acts 1921 to 2011, be further amended as follows: 1. in paragraph (I), by substituting 'not later than 31 January, 2013 and 30 April, 2013 and, on each of those occasions, shall set out:' for 'not later than 9 March, 2012 setting out:'; and
2. in paragraph (IV), by substituting 'not later than 31 July, 2013' for 'not later than 31 October, 2012'."

Alan Shatter (Dublin South, Fine Gael)
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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.

Thomas Byrne (Fianna Fail)
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I support the proposal of the Government in the Seanad. It is most important we allow the Smithwick tribunal to get on with the work it is doing, including the taking of evidence, when that is appropriate, and the examination of the new evidence.

The murders of Harry Breen and Robert Buchanan were very cowardly and were carried out, allegedly, on the basis of inside information. They were awful murders, but this was par for the course for an organisation which murdered a total of 656 members of the British forces, 621 civilians, 272 police officers, 35 loyalist terrorists, six gardaí, and a soldier, as well as a number of its own members.

The Weston Park talks were the catalyst for the setting up of the Smithwick tribunal. There were suggestions of collusion in a number of murders by the security forces on both sides of the Border. Following a review by Judge Cory, the Smithwick tribunal was set up in this jurisdiction to examine the murders of Harry Breen and Robert Buchanan.

Serious allegations were made in respect of the Garda Síochána and it is crucial that the Smithwick tribunal gets to the truth of this matter. One also must ask members of the Government to do more to press their colleagues in the British Government in respect of investigating the murder of Mr. Pat Finucane.

The Smithwick tribunal has been working for a number of years and the Minister has set out, both today and on a number of previous occasions, the reasons the judge has stated his work will take some time. The Oireachtas must give the judge the additional time. One hopes this will be the last extension but Members must be guided by the judge in respect of his needs and the needs of witnesses, balanced with the needs of the families of the murdered officers to get to the truth, as well as for the peace process to move forward. One must always bear in mind that this particular tribunal is an integral part of the peace process, which is still ongoing.

There would be no necessity to spend millions of euro on tribunals were those who were involved in those murders and their colleagues from the Sinn Féin Party, some of whom are Members of these Houses but who are absent today, to give information they have. While Sinn Féin will criticise other tribunals, its Members are not present today to discuss this tribunal, which relates directly to the work of an organisation with which they have been intimately connected over the decades. They should answer the questions and should give as much information as they have. They should answer the questions in respect of various despicable and cowardly murders that have taken place. They also should answer the questions in respect of the burial of bodies in my part of County Meath in Oristown, Coghalstown and Wilkinstown. Members of Sinn Féin, which provided political support for these murders over the years, must co-operate and give as much information as they have. It is shameful and cowardly that they are not present to discuss this motion which relates directly to their own colleagues.

Paul Bradford (Fine Gael)
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I welcome the Minister back to the House. I support the motion he has presented before Members and compliment the previous speaker on his support for the motion and on outlining some of the background to the problems on the northern part of our land. When the Minister came before the House previously, it was hoped that such an extension as is now being proposed would not be necessary. What is most important, however, is that the Smithwick tribunal has the time and resources available to it to carry out its important work and to report to Members at the earliest possible date. It is highly significant that Judge Smithwick has put on record his requirement for an extension of time, as well as the possibility of significant new evidence being available. While everyone obviously wishes such evidence had been available at an earlier date, it is never the wrong time for the right thing, so to speak, and this evidence must be investigated fully.

This particular tragedy from 1989 obviously is one of the many tragedies the people, North and South, experienced over a number of decades during the IRA-led violence. One must recognise, however, that there were horrible incidents on all sides of the political divide and, as part of our attempt to build a new and peaceful future on this island, we must, in so far as possible, bring truth and reconciliation to the table. At the onset of this tribunal, many people may have felt that although it was being set up, it somehow was little more than a type of political sop. Nothing could be further from the reality, however, and this is a serious tribunal engaged in important work. Members must give it the time and space it seeks of them.

I support the motion with these few words and note Members must not and cannot be afraid of the truth being revealed. The truth, as it relates to the dreadful campaign of violence across the island, and across Northern Ireland in particular, for almost 30 years, will be painful, but Members must deal with that reality and support the work of this tribunal. I look forward to the tribunal progressing as soon as possible and, most important, doing so in a thorough and conclusive fashion and producing evidence and a report to the House in due course.

Sean Barrett (Independent)
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I welcome the Minister, support the motion and agree fully with Senators Byrne and Bradford. Last Friday week, the North-South parliamentary body met in this Chamber for the first time, chaired jointly by the Ceann Comhairle and the Speaker from Stormont. I gather the meeting of the British-Irish Parliamentary Assembly yesterday was a great success, and I met people returning from it in the foyer downstairs who were full of enthusiasm. It is necessary to move on to those new periods of better relations than ever between North and South and east and west and to grant Judge Smithwick the extension of time to investigate the evidence of a heinous crime that is still horrible 23 years later. It is to be hoped he can draw the work to a conclusion soon in order that we can all participate even further in better relations between North and South and between east and west.

Ivana Bacik (Independent)
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I welcome the Minister, Deputy Shatter, to the House, although I am sure the Minister would share in everyone's sense of déjà vu at being back in the House seeking a further extension to the tribunal of inquiry. It is undoubtedly frustrating that Members are back here again, but given what the Minister has indicated, they all must accept there is no alternative and the tribunal has good reason to seek this extension at this time. It must be stated, however, that more than six years have elapsed since the tribunal was instituted. It commenced its investigations in early 2006 and is now due to report by 31 July 2013, by which time it will have been in being for more than seven years. Consequently, it is unfortunate it has been obliged to take so long. There is no doubt that the murders of Chief Superintendent Harry Breen and RUC Superintendent Bob Buchanan were especially heinous, and I believe all Members have expressed sympathy to their families as well as an understanding that the tribunal is undertaking necessary work in investigating the circumstances of those murders.

The Minister has explained the two key reasons the chair of the tribunal has sought the extension of time, namely, the illness of a key witness and the fact of evidence newly provided by the PSNI and the British authorities. In what perhaps was a strong understatement, the Minister noted it is surprising the new material has been furnished only recently to the tribunal. It certainly appears to be material that is or may be of particular value to the tribunal and, consequently, the latter clearly will require more time. It also is of concern that one of the key witnesses has been very ill, and I imagine all Members hope for his speedy recovery and certainly hope he will be able to give the evidence required within the timeframe provided for by the extension. Consequently, I am pleased to support this extension, as have other Members, and also am glad it has cross-party support.

Alan Shatter (Dublin South, Fine Gael)
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I thank all those who spoke for their support for this motion. It is important that the tribunal be allowed to complete its work to get to the real truth of the allegations that have been made, and quite clearly, in circumstances in which there is a crucial witness whose health has deteriorated to the extent he is not in a position to give evidence, it was inevitable the chairman of the tribunal would be obliged to seek an extension. In respect of the other reason for seeking an extension, I merely state my hope, in the context of this motion being passed, that any individual or group on this island or elsewhere who has additional information that falls within the terms of reference of this tribunal would furnish that information to the tribunal without any further delay.

I hope it will not prove necessary to extend further the life of the tribunal. I hope the witness whose evidence requires completion will return to full health after whatever medical intervention is necessary and will be in a position to complete his evidence. I certainly hope that Members will not find themselves in a position next June or July of being asked to change the terms of reference and extend the life of this tribunal because some additional information is provided at the last minute. It is crucial, if there is anything of any relevance that anyone has in his or her possession which would inform the deliberations of the tribunal and assist it in reaching its conclusion and which remains outstanding, that it is furnished to the tribunal. This would apply to any organisations that were or are illegal organisations or individuals associated with them.