Written answers
Tuesday, 27 September 2011
Department of Justice, Equality and Defence
Tribunals of Inquiry
9:00 pm
Michelle Mulherin (Mayo, Fine Gael)
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Question 376: To ask the Minister for Justice and Equality the details of all tribunals of enquiry commissioned by Government in the past 20 years including for each tribunal, the date of commencement, the date of conclusion, a summary of the terms of reference, the cost to the State in legal and other costs and details of all prosecutions arising in the course of the said tribunals and or arising out of the findings of the tribunals; and if he will make a statement on the matter. [25657/11]
Alan Shatter (Dublin South, Fine Gael)
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I presume that the Deputy is referring to the Tribunals of Enquiry under the Tribunal of Inquiry (Evidence) Act 1921.
As I stated in response to Parliamentary Question No. 384 of 20 September 2011, I can confirm to the Deputy that as Minister for Justice and Equality, ''I do not have a role in overseeing or coordinating inquiries undertaken by other Government Departments. Government operates as a collective entity. When significant issues of coordination arise, it is generally agreed at Cabinet which Minister or Department should undertake an oversight or leadership role".
The information required by the Deputy in relation to Tribunals of Enquiry that have recently come under the remit of my Department is set out in the table:
| Terms of Reference | Date of Commencement | Date of Completion/Projected. | ||
| Morris Tribunal | Tribunal of Enquiry into complaints concerning some Gardaà of the Donegal Division. | â¬59.14 million to end of August 2011.(of which â¬41.82 million relates to legal costs. | 24 April 2002 | December, 2008 |
| Smithwick Tribunal of Inquiry | To inquire into suggestions that members of the Garda SÃochána or other employees of the State colluded in the fatal shooting of RUC Chief Superintendent Harry Breen and RUC Superintendent Robert Buchanan on 20 March, 1989. | â¬8.84 million including legal costs. | May, 2005 | The Tribunal is currently sitting, however, the Terms of Reference were amended in June, 2011 requiring inter alia that the Tribunal conclude it's work and present a final report to the Clerk of the Dáil no later than 30 November, 2011. |
| Barr Tribunal of Inquiry | To inquire into the facts and circumstances surrounding the fatal shooting of John Carthy at Abbeylara, Co. Longford on 20 April, 2000. | â¬20.7 million including legal costs. | July 2002 | July 2006 |
The Deputy should note that prosecutions cannot be taken on foot of evidence given in a Tribunal of Enquiry and are a matter for the Director of Public Prosecutions. The Deputy should also note that Tribunals of Enquiry are established by resolution of the Houses of the Oireachtas and the commencement date and the terms of reference are a matter for the Oireachtas and not my Department. The date of conclusion of a Tribunal of Enquiry is a matter for the Tribunal of Enquiry.
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