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Report of the sub-Committee of the
Select Committee on Legislation and Security

Inquiry into the Events of 11 to 15 November 1994

28 February 1995


Contents

Foreword by the Chairman, Dan Wallace, T.D.

Orders of Reference xi

Members of the sub-Committee xv

Section 1

Introduction to the Report 1

1.1 Background to Establishment of sub-Committee 3

1.2 Enabling Legislation 4

1.3 Establishment of sub-Committee 4

1.4 Scope of Enquiry 4

1.5 Appointment of Legal Advisor 4

1.6 Meetings held, Witnesses Examined and Statements Received 4

1.7 Interim Report of sub-Committee and Order of the Dáil Extending the Reporting Deadline 6

1.8 Powers of sub-Committee to Make Findings of Fact or Judgements 6

1.9 Powers of sub-Committee under Privilege and Immunity Act, 1994 6

1.10 Orders of Reference 7

1.11 Procedures Adopted by the sub-Committee 7

1.12 Documents Received by Enquiry 8

1.13 Cost of Enquiry 8

1.14 Acknowledgements 8

1.15 Conclusions 9

Section 2

Chronology of Main Events Referred to in Evidence 11

Section 3

References in Evidence to the Matters Referred to the sub-Committee 17

3.1 Introduction 19

3.2 Issues arising under matter (a): The Appointment of the President of the High Court on Friday 11th November 1994 19

3.3 Issues arising under matter (b): The request on Sunday, 13th November, 1994, from the Taoiseach and the Minister for Justice to the Attorney General to re-examine all details of the Brendan Smyth case 20

3.4 Issues arising under matter (c): The alleged request from the Taoiseach to the then President of the High Court to resign on Monday, 14th November 1994 21

3.5 Issues arising under matter (d): The draft reply and covering letter provided to the Taoiseach by the Attorney General in advance of the Dáil debate on Tuesday, 15th November 1994, on the issue of the prior application of section 50 of the Extradition (Amendment) Act, 1987, and the identification of all persons involved in, or approving, the draft reply and covering letter 21

3.6 Issues arising under matter (e): The identification of all those involved in the preparation of the Taoiseach's Dáil speech for Tuesday, 15th November, 1994. 22

Section 4

Recommendations of the sub-Committee 25

Appendix 1

Tables identifying Issues and References in the Published Evidence 29

Appendix 2

Minutes of Evidence 49

Appendix 3

Documents Introduced in Evidence 501

Appendix 4

Other Documents Circulated to Members Prior to Meeting of sub-Committee 867

Appendix 5

Documents relating to the establishment and procedures of the sub-Committee 941

Appendix 6

Advices from Legal Advisor on the Contents of the Report of the sub-Committee and the Legal Implications Thereof 953

Appendix 7

Advices from Legal Advisor on the work of the sub-Committee on Legislation and Security 961

Appendix 8

Correspondence regarding the evidence of Dr. Mansergh 969

Appendix 9

Information on Attorneys General and Presidents of the High Court since Independence 975

Full text: Report of the Sub-Committee of Enquiry into the events of 11 to 15 November 1994 Very large scanned PDF file 748.2 MB


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