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Dáil Éireann debate -
Wednesday, 22 Oct 2003

Vol. 573 No. 1

Ceisteanna – Questions. - Dublin-Monaghan Bombings.

Enda Kenny

Question:

5 Mr. Kenny asked the Taoiseach the costs accrued to his Department in respect of the commission of inquiry into 1974 Dublin, Dundalk, Monaghan bombings; and if he will make a statement on the matter. [19559/03]

Enda Kenny

Question:

6 Mr. Kenny asked the Taoiseach when he expects to receive the report of the commission of inquiry into the 1974 Dublin, Dundalk and Monaghan bombings; and if he will make a statement on the matter. [19593/03]

Pat Rabbitte

Question:

7 Mr. Rabbitte asked the Taoiseach the latest information available to him on the likely timetable for the finalisation of the Barron report into the Dublin and Monaghan bombings; the procedure which is then planned in regard to further consideration of the report; and if he will make a statement on the matter. [19718/03]

Caoimhghín Ó Caoláin

Question:

8 Caoimhghín Ó Caoláin asked the Taoiseach when the report of the Barron inquiry will be published; the reason for the delay in its publication; the proposed timetable of action following its publication; and the progress he expects to be made in advance of the 30th anniversary of the Dublin and Monaghan bombings in May 2004. [20276/03]

Trevor Sargent

Question:

9 Mr. Sargent asked the Taoiseach when he expects to receive the report of Mr Justice Barron on the Dublin and Monaghan bombings; and if he will make a statement on the matter. [20453/03]

Tony Gregory

Question:

10 Mr. Gregory asked the Taoiseach the reason for the delay in the publication of the report of the Barron inquiry into the Dublin and Monaghan bombings; and if he will make a statement on the matter. [22016/03]

I propose to take Questions Nos. 5 to 10, inclusive, together.

On Wednesday, 29 October, I will receive Mr. Justice Barron's report into the Dublin and Monaghan bombings of May 1974. I thank Mr. Justice Barron and his team for all their work in preparing the report and for their commitment and dedication to this difficult task.

The bombings were an appalling atrocity, which left a terrible legacy of pain and suffering for the victims and their families. I take this opportunity to pay tribute to the group Justice for the Forgotten for its work on behalf of the families and for its assistance to the independent inquiry.

It is envisaged that, following consideration by Government, Mr. Justice Barron's report will be referred to the Oireachtas and the Joint Oireachtas Committee on Justice, Equality, Defence and Women's Rights. The Government envisages that the report will be published by the committee and that it will consider the report in public session.

I understand that Mr. Justice Barron will, in the coming weeks, report on the Dublin bombings of 1972 and 1973 and, early in the new year, on the other cases referred to him including the Dundalk bombing and the Seamus Ludlow case.

The establishment of the inquiry followed on from the recommendations of the report of the Victims Commission, the sole member of which was the former Tánaiste, John Wilson. That report also made recommendations regarding payments to victims of the Troubles in Northern Ireland in this jurisdiction. The remembrance fund is now established and applications for funding of the kind suggested by Mr. Wilson will be invited shortly. The total cost of the commission to date is €1.5 million.

When does the Taoiseach expect the five-person commission to be appointed to administer the compensation scheme? Following the confirmation of the discovery of the body of Jean McConville, which after so many years must be a consolation to her family, has he taken any steps to make further representation in respect of the disappeared whose bodies have never been located? Is he taking whatever action he can to ensure the IRA and other paramilitary groups, where involved, will continue to make every effort to ensure the bodies of the disappeared will be located and returned to their families for burial?

It is expected the commission will be in a position to seek applications for payments under the various categories of the proposed scheme shortly. The establishment work is being finalised and I understand the commission will be available to start in November. A sum of €9 million, which will be administered through the remembrance fund, is being provided over three years to address the needs of the victims in this jurisdiction. The fund comes under the Vote of the Department of Justice, Equality and Law Reform.

The Department has met with Justice for the Forgotten and outlined to the group the basis on which payments will be made from the fund. It might be worthwhile stating these for Deputy Kenny. There will be acknowledgement payments of €15,000 to each of the bereaved families of persons who were either killed in or resident in this jurisdiction at the time of their death. Lump sums will be paid to spouses and dependent children of victims killed in this jurisdiction or resident here at the time of their death, and any injured victim, subject to the conditions of the amounts not exceeding €15,000 per applicant. Unless already covered by payments under the previous two categories mentioned, unmet and continuing medical costs to cover vouched medical expenses including home help expenses not already paid by some other body or State agency will be paid. Relocation payments of up to €15,000, subject to conditions, will be paid to people who have had to move as a direct consequence of the conflict. Payment of a grant to the Northern Ireland memorial fund and the payment for the counselling needs of persons in this jurisdiction who are injured as a direct result of the conflict in Northern Ireland will be met by the health boards or by the victim support groups such as Justice for the Forgotten. The scheme will be up and running within the next few weeks.

On the issue of the disappeared, over the summer months we continued to receive information through political, community and religious sources. In all cases the Departments of Justice, Equality and Law Reform and Defence and the Garda try to locate the bodies. They must decide if it is worth starting individual digs. They have carried out many digs in different areas, including some this past summer. They will continue to monitor the locations identified through information, particularly in summer months, to try to find any more of the bodies.

This is enormously important to the families. I have met many of them and they appreciate the efforts being made. Often the information is not adequate. Locations have changed and the geology of an area may have changed for one reason or another. In the case of Jean McConville, we were lucky. It was not as a result of last year's dig that her body was found. Other cases will continue to be examined. John Wilson, representatives of the Department of Justice, Equality and Law Reform and others will continue to take an active interest. John Wilson still visits the sites with members of the security forces to see what may happen. He takes a big interest in solving the problems of the families.

The appointment of the five-person commission to administer the fund passed me by. When were the appointments made to the commission and has the Taoiseach given the names of those appointed?

The Barron report is not the only one that has been received by the Government. It has also received the Cory and Nally reports. Does the Taoiseach agree that it is important we do not allow the impression to be created that because any of the contents of either of these reports might be potentially embarrassing, or subject to whatever excisions are considered necessary for security reasons, they are not being put into the public domain? I understand he has said the Barron report will be published via the relevant Oireachtas committee. What is his intention with regard to those other two reports?

According to my notes, the commission is ready to commence its work in November. I do not actually have the names, but I assume they have been cleared and I will ask the Minister for Justice, Equality and Law Reform, Deputy McDowell, to name the individuals. As soon as the Government clears the Barron report, we will bring it to the committee as promised. The Cory report is now being assessed by the Department of Foreign Affairs and the Department of Justice, Equality and Law Reform. Our intention is to bring it to Government and to publish it. Talks are ongoing. Our reports are relatively straightforward as regards publication, but we are anxious that the British Government publish its reports, which are far more complex. We are seeking to have all the reports published as quickly as possible and, if possible, jointly. If there is too much delay on the British side, we will have to go ahead, but I would like to get them published. There are some matters we will have to investigate. I agree totally with Deputy Rabbitte's comment that it is better to have this in the public domain. These issues have gone on for too long.

I am very conscious of the other report. As Deputies are aware, I have been dealing for a long time with many of the families which are the subjects of these reports. This Government and previous Governments have given commitments in this area. I am trying to avoid a long delay in the examination of these reports within the British system. Our reports will be ready quite soon. I have not yet received a date as to when the British are likely to publish, but it will certainly happen before the end of the year. I made a promise on this to Mrs. Geraldine Finucane, the Hamill family and the other families involved.

I have not been dealing with the Nally report in which I understand there are many sensitive issues. To the best of my knowledge, the Minister for Justice, Equality and Law Reform intends to make a fairly detailed statement about that in his next Question Time if he has not already done so.

It is known that the Minister for Justice, Equality and Law Reform received the report some time ago. The expectation was that subject to whatever excisions were necessary, it would be laid before the House. In his most recent Question Time, the anticipated comprehensive statement from the Minister for Justice, Equality and Law Reform, was not forthcoming. All of this just serves to create an impression that for some reason the Government is dragging its heels on putting the report into the public domain.

Do I understand that the substantive Barron report will be published within the next few weeks? Is that the essence of the Taoiseach's reply? He indicated that there would be ancillary reports, addenda to the substantive report with specific focuses. Will that cover the entire range of the areas of investigation the Taoiseach has signposted here over a period of time, including the bombing of Belturbet in County Cavan in 1972, where two young teenagers were killed? When does the Taoiseach expect Mr. Justice Barron will complete his full raft of investigations and will he outline how he sees the outworking of the publication of the substantive report referring specifically to the Dublin and Monaghan bombings of May 1974, following its publication? How does he see that progressing?

During the course of his work, Mr. Justice Barron was asked to take on some additional cases although I cannot recall what they were. I do not know whether the 1972 Belturbet case was included, but whatever he undertook to formally investigate will be reported on. His main task was to deal with the 1972 and 1974 bombings and he intends to do that in his full report. Mr. Justice Barron has covered much of the work on some of these other issues along the way and has carried out specific investigations into some, but he is anxious to do those in a separate report. He has not finished all his work, but has completed a great deal of it, because the investigations were carried out seriatim. He will be a few more months on those which include the Dundalk bombing and the Seamus Ludlow case which has been raised in this House time and time again. The late Mr. Justice Hamilton started the work on this.

There was an agreement in the House at the outset as to how we should deal with this. It was agreed the Government would receive the report and consider it without undue delay. It would then lay the report before the committee where it would be taken in a public session. That was the agreement I entered into at the time and I intend to honour those arrangements.

The members of the Justice for the Forgotten group want to know the reason for the delay in setting up the remembrance fund. There was an understanding it would be up and running by 1 September. Given that it was recommended following the Belfast Agreement, so long ago now, will the Taoiseach explain the delay and say what the revised timescale will be for the remembrance fund and the allocation of €9 million thereto over a three year period? As the Taoiseach did not give me an answer in a previous Question Time about whether the Government would have full access to the final report of the Stevens inquiry, is it possible for him to answer this time around?

The Stevens inquiry does not arise out of these questions.

This may be an opportunity for the Taoiseach to clarify a matter that was left hanging in the air. Given that the Cory report relates to incidents in the meantime, is the Taoiseach still disappointed? He mentioned he would be disappointed if Mr. Justice Cory does not opt for a public inquiry into the Pat Finucane case and others. Is he still living in hope, or in disappointment?

On the Stevens inquiry, the Deputy would have to table a question for the Minister for Foreign Affairs. There has been much movement and discussion on that issue, but I am not privy to the latest position. On the remembrance fund, there was much debate about how to structure the arrangements. That has now been agreed, the fund is up and running and the discussions between the Department and Justice for the Forgotten have concluded. Justice for the Forgotten is aware of the current position.

Regarding the Cory report, we only have our sections of it concerned with Lord and Lady Gibson and the two police officers, the Buchanan case and the other one. We do not have the other reports at all. We are trying to structure an arrangement with the British Government to complete the process. They have far more work to do than we do because they have more reports to examine as well as difficulties and complexities in their cases, mainly the Finucane one. Every time I say that in this House Billy Wright's father gets very upset with me. Billy Wright's case will also be included as it is another important case. Mr. Wright, Billy Wright's father, follows the Dáil record attentively. I apologise for not including the Wright case. It is hoped that the reports will be issued by both Governments before Christmas.

I understood from responses previously at Question Time on the report on the Dublin-Monaghan bombings that there was a clear commitment to make the full report available to the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights. I gather from what is being said this morning that the report is being cleared and if sections of it are deemed to have implications for national security they will be removed. I would like clarification on that point. Surely if the committee is to consider this report in detail it will require the full unexpurgated report. Was that the commitment and is it still the commitment?

Will the Taoiseach give us his view on the position of the relatives' group, Justice for the Forgotten, which represents the relatives and survivors of the bombing, that the report should form the basis of a full public inquiry? Does he support that view and is that in the timetable following publication of the report?

There is no confusion on this issue. I said, "It is envisaged that following consideration by Government Mr. Justice Barron's report will be referred to the Oireachtas and to the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights."

Yes. That is the arrangement. I do not want to make any comment on where we go after that until I see the report.

As a member of the Joint Committee on Justice, Equality, Defence and Women's Rights I am delighted to hear that the full report will be referred to that committee. Can I take it from the Taoiseach that it will be the function of that committee to decide whether the report will be published in full, and whether there might be a public inquiry, as requested by the relatives of the victims, and how to proceed with the report from that point on?

A commitment was given that the Minister for Justice, Equality and Law Reform would make a statement on the Nally report to the Dáil when it resumed. The Dáil has been in session for some weeks and we have not heard a statement from the Minister. Can the Taoiseach ask the Minister to make a statement forthwith on the Nally report on the Omagh bombings?

The second question does not really arise out of these questions.

I assured Deputy Rabbitte earlier today that I will pass on those remarks and I will do so. As I have said many times, we have made a great effort to produce the report on the Dublin-Monaghan bombings. I do not want to go to the next step before the report is published. We will have to wait to decide what is appropriate to do. There is no point in talking about a public inquiry if there is no legal basis for that. Maybe there is, but we will have to read the report and then make that judgment.

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