Alan Shatter T.D.
Minister for Justice and Equality
Smithwick Tribunal of Inquiry – amendment of terms of reference
Dáil Éireann, 24 October 2012
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A Cheann Comhairle,
I move the Motion.
This Motion proposes to amend the terms of reference of the Tribunal of
Inquiry into suggestions of collusion by Members of the 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. This Tribunal 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 interest of the families who were bereaved by this atrocity.
Deputies 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 say 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 that the
Tribunal can fulfil its mandate within the revised timeframe which he has
now 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 that he must make provision
for completing his evidence when the witness is medically fit to so do.
The Chairman notes that due to the ill-health of this witness the taking of
his evidence has already been significantly delayed.
Judge Smithwick also states that, unexpectedly, additional
intelligence-based material was only recently 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 would 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 only so recently been furnished to it having regard to the
duration of the Tribunal’s engagement. I believe it is essential that such
information that does exist, that is of relevance to the Tribunal’s terms
of reference, be fully made available to the Tribunal and that the
completion of its important work and of its deliberations be 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.
As an additional measure and in order to ensure that 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 then by 31 April
2013.
I would 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 then
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 the 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.
A Cheann Comhairle, 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 that this Motion
will assist in that endeavour and I commend the Motion to the House.