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Dáil Éireann debate -
Thursday, 10 Feb 1972

Vol. 258 No. 11

Ceisteanna—Questions. Oral Answers. - Derry Killings Inquiry.

1.

asked the Taoiseach if he has taken any initiative in the establishment of an international tribunal of inquiry into the Derry killings under the aegis of the Irish Government.

Evidence is at present being collected with a view to making an application concerning a breach by the British Government of Article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms in respect to the illegal deprivation of life of 13 people in Derry on the 30th January last.

The Taoiseach will be aware of a statement made by the International Committee of Jurists in Geneva that they propose it should be done. They suggested that an impartial international committee be set up. Did the Taoiseach consider contacting them with a view to having this done?

I said already that I would support an impartial international Commission or tribunal.

Would the Taoiseach not initiate it?

There is always the practical situation we would have to face that, unless the British Government at least co-operated, there may be the possibility of one-sided evidence being given. I have encouraged in every way I can that the present commission should be international, or at least should appear to be independent, rather than having just one British judge on it. The Deputy will see the difficulties involved in such a proposition unless there is co-operation from the other side.

I would have thought the Taoiseach would have made contact with the International Committee of Jurists and then that he would have invited Britain to have representatives on this independent commission. The Taoiseach should have taken the initiative in this matter and contacted them immediately. He said he hoped for it. We need more than wishful thinking.

They are an international body independent of government. They have very humane principles and I think they are better left to act on their own rather than at the instigation of any Government.

Would the Taoiseach not consider that in view of the fact that 13 Irishmen were shot, an Irish judge should be on this commission? There are many eminent judges in this country who would be able to give assistance and guidance to the commission.

I hope the Deputies are not trying to put me in the position of saying that I do not want an impartial inquiry. I want the most impartial and independent inquiry possible but there are practical difficulties in the way of this Government ensuring that this can be done.

In view of the fact that it seems likely the only commission which will operate will be that appointed by the British Government, that this is being deemed to be one-sided and probably will appear to be one-sided, would the Taoiseach not consider, as I suggested last week, the establishment of a body of inquiry so that we would have the two points of view?

A one-sided, or rather unilateral, inquiry operated in the case of the Derry shootings last October and it was not very effective and did not do much good. I have indicated here that we are at the moment proceeding on Article 2 of the Convention of Human Rights which will empower us to have an in-depth investigation into these killings if nothing more acceptable appears in the meantime. Under our application to the European Commission of Human Rights, we have reserved the right to present fresh evidence, fresh cases, as part of or independent of the case already presented. If the current inquiry, if one could call it current, by Judge Widgery is not satisfactory, I am sure the ultimate investigation of this matter by the Court of Human Rights will be impartial and will be in great depth.

Would the Taoiseach not consider it essential that all sittings of this commission should be held in public?

Absolutely.

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