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Shatter Speech: Smithwick Tribunal of Inquiry – amendment of terms of reference, Dáil Éireann, 24 October 2012

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.