Written answers

Tuesday, 4 March 2008

Department of Justice, Equality and Law Reform

Tribunals of Inquiry

9:00 pm

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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Question 98: To ask the Minister for Justice, Equality and Law Reform 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 to date in 2008; 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. [8965/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The information sought by the Deputy has been compiled by my Department and, as it comprises a substantial amount of detail, is set out in a written Tabular format for ease of reference.

In summary, there have been eight instances involving the establishment of Tribunals of Inquiry, Commissions of Investigation or other statutory inquiries under my Department's aegis since 1997. In addition, the costs associated with two inquiries under Section 8 of the Companies Act, 1990 initiated on the application of the Minister for Enterprise, Trade and Employment fell to be met, in the first instance, by my Department.

Of the eight examinations I have referred to, four have concluded their work. The Morris Tribunal, the Smithwick Tribunal, the Commission of Investigation into the handling of child sex abuse allegations against the Archdiocese of Dublin and the Commission of Investigation into the death of Mr. Gary Douch in Mountjoy prison are all continuing with their work.

The total cost of the eight examinations to date has been in the region of €67m.

The position with respect to Tribunals of Inquiry, Commissions of Investigation or other statutory inquiries under my Department's aegis over the period referred to is set out below:

Name of Tribunal of Inquiry/Commission of Inquiry/InvestigationTerms of ReferenceCost/Cost to dateDate of CommencementDate of completion/Projected date of completion
Enquiry by Mr. Justice Francis D. Murphy under the provisions of section 21 of the Courts of Justice (District Court) Act 1946Enquiry regarding Judge O'Buachalla's handling of the licensing of Jack White's Inn in the name of Mrs. Catherine Nevin and the discharge of his judicial functions in certain cases brought before him by two Gardaí.€670,000April, 2000Completed — November, 2000
Morris TribunalTribunal of Inquiry into complaints concerning some Gardaí of the Donegal Division.€39.7m to end December, 200724 April, 2002June, 2008
Barr TribunalTribunal of Inquiry into the facts and circumstances surrounding the fatal shooting of John Carthy at Abbeylara, Co. Longford on 20 April, 2000.€19.8 MillionJuly 2002Completed — July 2006
Smithwick Tribunal of InquiryTo inquire into the following definite matter of urgent public importance:€3,396,528 (cost to date, as of 31 December, 2007)31 May, 2005Unknown, as the Tribunal will complete its work only upon the submission of its final report, the time frame of which cannot be projected given the nature of its work.
Hartnett InquiryHartnett Inquiry under the Dublin Police Act, 1924, into the circumstances surrounding the arrest, treatment and detention of Mr. Brian Rossiter (deceased) in 2002.€0.737m (to end December 2007)14 September, 2005Report presented to the Minister in October 2007
Commission of Investigation (Dean Lyons Case)Commission of Investigation into the circumstances surrounding the making of a confession by Mr. Dean Lyons (deceased) regarding the deaths of Ms. Mary Callinan and Ms Sylvia Sheils in Grangegorman, Dublin in March, 1997.€0.984m7 February, 2006Report presented to the Minister 28 July, 2006
Name of Tribunal of Inquiry/Commission of Inquiry/InvestigationTerms of ReferenceCost/Cost to dateDate of CommencementDate of completion/Projected date of completion
Commission of Investigation to: (i) Investigate the handling of child sex abuse allegations against the Archdiocese of Dublin and (ii) examine implementation by dioceses of Church guidelines and the recommendations of the Ferns Report.1. To select a representative sample of complaints or allegations of child sexual abuse made to the archdiocesan and other Church authorities and public and State authorities in the period 1 January 1975 to 1 May 2004 against clergy operating under the aegis of the Catholic archdiocese of Dublin.Cost to Date €1,821,85628 March, 2006On 30 July, 2007 the Government approved an extension of one year tothe term of the Commission to 28September, 2008
3. In the case of complaints or allegations being examined, to examine and report also on the nature of the response to any other complaints or allegations made by the complainant or against the person in respect of who those complaints or allegations were made, including any such complaints or allegations made before 1 January, 1975
4. To select a representative sample of cases where the archdiocesan and other Church and public and State authorities had in the period 1 January, 1975 to 1 May 2004 knowledge of or strong and clear suspicion of or reasonable concern regarding sexual abuse involving clergy operating under the aegis of the archdiocese of Dublin.
5. To establish the response of the archdiocesan and other Catholic Church and public and State authorities to those sample cases.
Name of Tribunal of Inquiry/Commission of Inquiry/InvestigationTerms of ReferenceCost/Cost to dateDate of CommencementDate of completion/Projected date of completion
6. To establish the levels of communication that prevailed between the archdiocesan and other Catholic Church authorities and public and State authorities with regard to those sample complaints, allegations, knowledge, reasonable concern or strong and clear suspicion.
7. To examine, following a notification from the Minister for Health and Children, that a Catholic diocese in the State may not have established the structures or may not be operating satisfactorily the procedures set out in the Report of the Irish Catholic Bishops Advisory Committee on Child Sexual Abuse by Priests and Religious, Child Sexual Abuse: Framework for a Church Response (1996) and any subsequent similar document, the position in that diocese.
8. To examine, following a notification from the Minister for Health and Children that a Catholic diocese in the State may not be implementing satisfactorily the recommendations of the Ferns Report delivered to the Minister for Health and Children on 25 October, 2005, the position in that diocese; and make a report on these matters considered by Government to be of significant public concern.
Name of Tribunal of Inquiry/Commission of Inquiry/InvestigationTerms of ReferenceCost/Cost to dateDate of CommencementDate of completion/Projected date of completion
Commission of Investigation (Death of Mr. Gary Douch in Mountjoy Prison)Following on from the report dated 2 March 2007 of the "Inquiry into the circumstances surrounding the death of Mr. Gary Douch, a Prisoner in Mountjoy Prison" by Mr. Michael Mellett, the Commission shall without prejudice to any criminal or disciplinary proceedings, carry out any further investigations it considers necessary into the circumstances surrounding the death of Mr. Gary Douch including in particular;€340,0002nd May, 2007Ongoing, expected to report in 2009

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