Jim O'Keeffe (Cork South West, Fine Gael)
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Question 102: To ask the Taoiseach the number of inquiries in respect of any tribunal of inquiry, commission of inquiry or investigation for which he or his Department have or have had responsibility since 1997; the name of each inquiry; the terms of reference of each inquiry; the cost of each inquiry including the cost to date where an inquiry has not been concluded; the dates of each inquiry including the projected date of conclusion where an inquiry has not been concluded; and if he will make a statement on the matter. [32431/06]

Bertie Ahern (Dublin Central, Fianna Fail)
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The McCracken Tribunal (Dunnes Payments) was completed in 1997 and the terms of reference are at Appendix 1. The cost of the tribunal was €6,655,332.

The Moriarty Tribunal commenced in 1997 and the terms of reference are at Appendix 2. The cost of the tribunal to 30 September, 2006 is €25,232,028. The completion date at the existing level of remuneration is the end of January 2007.

The late Mr. Justice Liam Hamilton was appointed as Sole Member of a Commission of Inquiry on 19 December, 1999 but resigned on 2 October, 2000 due to ill health. Mr. Justice Henry Barron succeeded Mr. Justice Liam Hamilton. The Commission of Inquiry was established to look at a series of incidents related to the Northern troubles, which occurred during the 1970's. The full terms of reference of each of the Commission's reports are at Appendix 3.

The Inquiry has prepared the following reports:

Report of the Independent Commission of Inquiry into the Dublin and Monaghan Bombings of 1974 — presented to the Taoiseach on 29 October 2003;

Report of the Independent Commission of Inquiry into the Dublin Bombings of 1972 and 1973 — presented to the Taoiseach on 29 June 2004;

Report of the Independent Commission of Inquiry into the Murder of Seamus Ludlow — presented to the Taoiseach on 20 October 2004; and

Report of the Independent Commission of Inquiry into the bombings of Kay's Tavern, Dundalk on 19 December 1975 — presented to the Taoiseach on February 2006.

These reports were all referred to the Joint Committee on Justice, Equality, Defence and Women's Rights for their consideration.

The Taoiseach received the final report from Justice Barron in February 2006. This was referred to the Joint Committee on Justice, Equality, Defence and Women's Rights in July 2006. This concludes the work of the Inquiry. The total amount spent by the Barron Inquiry is €3,511,005.05 (including third party costs of €1,027,549.49).

In accordance with the recommendations of the Joint Committee on Justice, Equality, Defence and Women's Rights which considered the Barron Report on the Dublin/Monaghan Bombings, the Government appointed Mr. Patrick MacEntee S.C. as Sole Member of a Commission of Investigation to examine specific matters relating to the Dublin and Monaghan Bombings of 1974, including aspects of the Garda investigation and missing documentation. The appointment was made on 26 April, 2005. The terms of reference of the Commission of Investigation are at Appendix 4. The total amount spent by the Commission of Investigation to date is €1,703,459.88.

I have granted five extensions of the timeframe for the completion of the Report from 14 November, 2005 to 31 January, 2006 and again to 28 February, 2006 and again to 31 May, 2006, following that to 31 July, 2006 and most recently to 31 October, 2006.

Appendix 1

Terms of Reference

Dunnes Payments (McCracken) Tribunal

The terms of reference of the Tribunal were

To enquire urgently into, and report to the Clerk of the Dáil and make such findings and recommendations as it sees fit, in relation to the following definite matters of urgent public importance:—

(a) all payments in cash or in kind directly or indirectly whether authorised or unauthorised within or without the State which were made to or received by

(i) persons who were between 1st January 1986 and 31st December, 1996, members of the Houses of the Oireachtas,

(ii) their relatives or connected persons as defined in the Ethics in Public Office Act, 1995,

(iii) Political parties

from Dunnes Holding Company and/or any associated enterprises... and/or Mr. Ben Dunne or any person on his behalf or any companies trusts or other entities controlled directly or indirectly by Mr. Ben Dunne between 1st January 1986 and 31st December, 1996, and the considerations, motives and circumstances thereof.

Appendix 2

Terms of Reference Moriarty Tribunal

WHEREAS a Resolution in the following terms was passed by Dáil Éireann on the 11th day of September, 1997 and by Seanad Éireann on the 18th day of September, 1997.

"Bearing in mind serious public concern arising from the Report of the Tribunal of Inquiry (Dunnes Payments) published on 25 August, 1997, which established that irregular payments were made to and benefits conferred on certain persons who were members of the Houses of the Oireachtas between 1 January, 1986, and 31 December, 1996.

And noting that the said Tribunal established that money was held on deposit in certain Irish banks by offshore banks in memorandum accounts ("the Ansbacher accounts") for the benefit of Irish residents including Mr Charles Haughey (the history of which deposits is set out in Chapter 6 of the Report of the said Tribunal),

And noting further that the Dunnes Payments Tribunal was unable by reason of its terms of reference to investigate the source of the Ansbacher accounts, other than in respect of sums paid by certain persons referred to in the said terms of reference.

Resolves that it is expedient that a Tribunal be established under the Tribunals of Inquiry (Evidence) Act, 1921, as adapted by or under subsequent enactments and the Tribunals of Inquiry (Evidence) (Amendment) Act, 1979, to inquire urgently into and report to the Clerk of the Dáil and make such findings and recommendations as it sees fit, in relation to the following definite matters of urgent public importance:

a. Whether any substantial payments were made, directly or indirectly, to Mr Charles Haughey (whether or not used to discharge monies or debts due by Mr Charles Haughey or due by any company with which he was associated or due by any connected person to Mr Charles Haughey within the meaning of the Ethics in Public Office Act, 1995 or discharged at his direction) during any period when he held public office commencing on 1st January, 1979 and thereafter up to the 31st December, 1996 in circumstances giving rise to a reasonable inference that the motive for making the payment was connected with any public office held by him or had the potential to influence the discharge of such office.

b. The source of any money held in the Ansbacher accounts for the benefit or in the name of Mr Charles Haughey or any other person who holds or has held Ministerial office, or in any other bank accounts discovered by the Tribunal to be for the benefit or in the name of Mr Haughey or for the benefit or in the name of a connected person within the meaning of the Ethics in Public Office Act, 1995, or for the benefit or in the name of any company owned or controlled by Mr Haughey.

c. Whether any payment was made from money held in any of the accounts referred to at (b) to any person who holds or has held public office.

d. Whether Mr Charles Haughey did any act or made any decision in the course of his Ministerial offices, to confer any benefit on any person making a payment referred to in paragraph (a) or any person who was the source of money referred to in paragraph (b), or any other person in return for such payments being made or procured or directed any other person to do such an act or make such a decision.

e. Whether any substantial payments were made directly or indirectly to Mr Michael Lowry (whether or not used to discharge monies or debts due by Mr Michael Lowry or due by any company with which he was associated or due by any connected person to Mr Michael Lowry within the meaning of the Ethics in Public Office Act, 1995 or discharged at his direction), during any period when he held public office in circumstances giving rise to a reasonable inference that the motive for making the payment was connected with any public office held by him or had the potential to influence the discharge of such office.

f. The source of any money held in the Bank of Ireland, Thurles branch, Thurles, Co. Tipperary, the Allied Irish Bank in the Channel Islands, the Allied Irish Banks, Dame Street, Dublin, the Bank of Ireland (I.O.M.) Limited in the Isle of Man, the Irish Permanent Building Society, Patrick Street branch, Cork or Rea Brothers (Isle of Man) Limited, in accounts for the benefit or in the name of Mr Lowry or any other person who holds or has held Ministerial office or in any other bank accounts discovered by the Tribunal to be for the benefit or in the name of Mr Lowry or for the benefit or in the name of a connected person within the meaning of the Ethics in Public Office Act, 1995, or for the benefit or in the name of any company owned or controlled by Mr Lowry.

g. Whether Mr Lowry did any act or made any decision in the course of any Ministerial office held by him to confer any benefit on any person making a payment referred to in paragraph (e) or any person who was the source of any money referred to in paragraph (f) or on any other person in return for such payments being made or procured or directed any other person to do such act or make such decision.

h. Whether any payment was made from money held in any of the bank accounts referred to at (f) to any person who holds or has held public office.

i. Whether any holder of public office for whose benefit money was held in any of the accounts referred to at (b) or (f) did any act, in the course of his or her public office, to confer any benefit on any person who was the source of that money, or directed any person to do such an act.

j. Whether the Revenue Commissioners availed fully, properly and in a timely manner in exercising the powers available to them in collecting or seeking to collect the taxation due by Mr Michael Lowry and Mr Charles Haughey of the funds paid to Michael Lowry and/or Garuda Limited trading as Streamline Enterprises identified in Chapter 5 of the Dunnes Payments Tribunal Report and any other relevant payments or gifts identified at paragraph (e) above and the gifts received by Mr Charles Haughey identified in Chapter 7 of the Dunnes Payments Tribunal Report and any other relevant payments or gifts identified at paragraph (a) above.

And further in particular, in the light of its findings and conclusions, to make whatever broad recommendations it considers necessary or expedient:—

k. to ensure that the integrity of public administration is not compromised by the dependence of party politics on financial contributions from undisclosed source

l. for the reform of the disclosure, compliance, investigation and enforcement provisions of company law (including in particular those which relate to directors' duties).

m. for maintaining the independence of the Revenue Commissioners in the performance of their functions while at the same time ensuring the greatest degree of openness and accountability in that regard that is consistent with the right to privacy of compliant taxpayers

n. for enhancing the role and performance of the Central Bank as regulator of the banks and of the financial services sector generally

o. for the effective regulation of the conduct of their members by such professional accountancy and other bodies as are relevant to these terms of reference, for the purpose of achieving the highest degree of public confidence, and

p. for the protection of the State's tax base from fraud or evasion in the establishment and maintenance of offshore accounts, and to recommend whether any changes in the tax law should be made to achieve this end.

"Payment" includes money and any benefit in kind and the payment to any person includes a payment to a connected person within the meaning of the Ethics in Public Office Act, 1995.

"Person" includes any natural or legal person or any body of persons whether incorporated or not.

And that the Tribunal be requested to conduct its enquiries in the following manner, to the extent that it may do so consistent with the provisions of the Tribunals of Inquiry (Evidence) Acts, 1921 and 1979:—

i. To carry out such investigations as it thinks fit using all the powers conferred on it under the Acts (including, where appropriate, the power to conduct its proceedings in private), in order to determine whether sufficient evidence exists in relation to any of the matters referred to above to warrant proceeding to a full public inquiry in relation to such matters,

ii. To enquire fully into all matters referred to above in relation to which such evidence may be found to exist, and to report to the Clerk of the Dáil thereupon,

iii. In relation to any matters where the Tribunal finds that there is insufficient evidence to warrant proceeding to a full public inquiry, to report that fact to the Clerk of the Dáil and to report in such a manner as the Tribunal thinks appropriate, on the steps taken by the Tribunal to determine what evidence, if any, existed,

iv. To report on an interim basis, not later than three months from the date of establishment of the Tribunal or the tenth day of any oral hearing, whichever shall first occur, to the Clerk of the Dáil on the following matters:

the numbers of parties then represented before the Tribunal;

the progress which has been made in the hearing and the work of the Tribunal;

the likely duration (so far as that may be capable of being estimated at that time) of the Tribunal proceedings:

any other matters which the Tribunal believes should be drawn to the attention of the Clerk of the Dáil at that stage (including any matter relating to the terms of reference);

And that the person or persons selected to conduct the Inquiry should be informed that it is the desire of the House that—

a. the Inquiry be completed in as economical a manner as possible and at the earliest date consistent with a fair examination of the matters referred to it, and

b. all costs incurred by reason of the failure of individuals to co-operate fully and expeditiously with the Inquiry should, so far as is consistent with the interests of justice, be borne by those individuals.

And that the Clerk of the Dáil shall on receipt of any Report from the Tribunal arrange to have it laid before both Houses of the Oireachtas immediately on its receipt."

NOW I, Bertie Ahern, Taoiseach, in pursuance of those Resolutions, and in exercise of the powers conferred on me by section 1 (as adapted by or under subsequent enactments) of the Tribunals of Inquiry (Evidence) Act, 1921, hereby order as follows:

1. This Order may be cited as the Tribunals of Inquiry (Evidence) Acts, 1921 and 1979 (No. 2) Order, 1997.

2. A Tribunal is hereby appointed to enquire urgently into and report and make such findings and recommendations as it sees fit to the Clerk of the Dáil on the definite matters of urgent public importance set out at paragraphs (a) to (b) of the Resolutions passed by Dáil Éireann on the 11th day of September, 1997, and by Seanad Éireann on the 18th day of September, 1997.

3. The Honourable Mr Justice Michael Moriarty, a Judge of the High Court, is hereby nominated to be the Sole Member of the Tribunal.

4. The Tribunals of Inquiry (Evidence) Act, 1921 (as adapted by or under subsequent enactments) and the Tribunals of Inquiry (Evidence) (Amendment) Act, 1979, shall apply to the Tribunal.

Appendix 3

Terms of Reference — Dublin and Monaghan Bombings of 1974

"To undertake a thorough investigation and involving fact-finding and assessment, of all aspects of the Dublin/Monaghan bombings and their sequel, including

the facts, circumstances, causes and perpetrators of the bombings;

the nature, adequacy and extent of the Garda Investigation, including the co-operation with and from the relevant authorities in Northern Ireland and the handling of evidence, including the scientific analyses of forensic evidence;

the reasons why no prosecution took place, including whether and if so, by whom and to what extent the investigations were impeded; and

the issues raised by the Hidden Hand T.V. documentary broadcast in 1993."

Terms of Reference — Dublin Bombings of 1972 and 1973

In January 2002, the Inquiry was asked by the Government whether its report into the Dublin/Monaghan bombings could also reflect the consideration of a number of other bombings and shootings which took place in the State in the 1970's. Following a preliminary examination of the remaining incidents, the Inquiry felt that the bombings of Dublin in 1972 and 1973 should be treated in a separate report. This is this report.

Terms of Reference — Shooting of Seamus Ludlow

"To undertake a thorough investigation, involving fact-finding and assessment, of all aspects of the killing of Seamus Ludlow, including

the facts, circumstances, causes and perpetrators of the killing;

the nature, extend and adequacy of Garda investigations, including the co-operation with and from the relevant authorities in Northern Ireland;

the reasons why no prosecution took place, including whether and if so, by whom and to what extent the possibility of the initiation of criminal proceedings was impeded; and

the material, information and evidence presented at the inquest into Mr Ludlow's death and the circumstances relating to the non-attendance of relatives of Mr Ludlow at the inquest."

Terms of Reference — Bombings of Kay's Tavern, Dundalk on 19 December 1975

"To undertake a thorough examination, involving fact finding and assessment, of all aspects of the Dundalk bombing and its sequel, including the facts and circumstances of, and the background to, the bombing, having regard to the Garda investigation of the bombing, including the co-operation with and from the relevant authorities in Northern Ireland.

The Dundalk bombing refers to the bomb explosion that took places in Dundalk on 19 December 1975."

Appendix 4

Terms of Reference (Commission of Investigation):

To undertake a thorough investigation and make a report on the following specific matters considered by the Government to be of significant public concern.

(1) Why the Garda investigation into the Dublin and Monaghan bombings was wound down in 1974?

(2) Why the Gardaí did not follow-up on the following leads:

(i) information that a white van, with an English registration plate, was parked outside the Department of Posts and Telegraphs in Portland Row and was later seen parked in the deep sea area of the B&I ferry port in Dublin, and the subsequent contact made with a British Army officer on a ferry boat leaving that port;

(ii) information relating to a man who stayed in the Four Courts Hotel between 15 and 17 May, 1974 and his contacts with the UVF;

(iii) information concerning a British Army corporal allegedly sighted in Dublin at the time of the bombings;

and

(3) In relation to the missing documentation;

(i) the exact documentation (Departmental, Garda intelligence and any other documentation of relevance) that is unaccounted for;

(ii) the reasons explaining why the documentation went missing;

(iii) whether the missing documentation can now be located; and

(iv) whether the systems currently in place are adequate to prevent a re-occurrence of such documentation going missing.

To take account of investigative work already undertaken into the Dublin and Monaghan bombing's of 1974, including the Report of the Independent Commission of Inquiry, the Final Report of the Joint Committee on Justice, Equality, Defence and Women's Rights, Inquest Statements and the Internal Garda Investigation.

To provide a final report to An Taoiseach not later than six months from the date of establishment of the Commission.