Dáil Éireann debate -
Wednesday, 23 Mar 2005

Vol. 599 No. 6

Tribunals of Inquiry: Motion (Resumed).

The following motion was moved by the Minister for Justice, Equality and Law Reform, Deputy McDowell, on Wednesday, 23 March 2005:

That Dáil Éireann:

—noting that following agreement reached between the British and Irish Governments at Weston Park in 2001, retired Canadian Supreme Court Judge Mr. Peter Cory was appointed to undertake a thorough investigation of allegations of collusion between British and Irish security forces and paramilitaries in six incidents;

—noting that the aim of this process was to determine whether there is sufficient evidence of collusion between State security forces and those responsible for the killings in each case to warrant a public inquiry;

—noting that, as part of the Weston Park agreement, the two Governments committed themselves that in the event that a public inquiry is recommended in any case, the relevant Government will implement that recommendation;

—noting that having completed his investigation into the murder of Chief Superintendent Harry Breen and Superintendent Robert Buchanan, both of the Royal Ulster Constabulary RUC, Mr. Peter Cory concluded that evidence was revealed that, if accepted, could be found to constitute collusion;

—mindful that certain incidents from the past in Northern Ireland giving rise to serious allegations of collusion by security forces in each jurisdiction remain a source of grave public concern;

resolves that it is expedient that a tribunal established under the Tribunals of Inquiry (Evidence) Acts 1921 to 2002 to inquire into the following definite matter of urgent public importance:

—Suggestions that members of the Garda Síochána or other employees of the State colluded in the fatal shootings of RUC Chief Superintendent Harry Breen and RUC Superintendent Robert Buchanan on 20 March 1989;

and to report to the Clerk of Dáil Éireann and to make such findings and recommendations as it sees fit in relation to these matters;

and further resolves that:

(I) the tribunal shall report to the Clerk of the Dáil on an interim basis not later than three months from the date of establishment of the tribunal and as soon as may be after the tenth day of any oral hearings of the tribunal on the following matters:

(a) the number of parties granted representation by the tribunal,

(b) the progress which will then have been made in the hearings and work of the tribunal,

(c) the likely duration, so far as might then be capable of being estimated, of the proceedings of the tribunal,

(d) any other matters that the tribunal considers should be drawn to the attention of the Houses of the Oireachtas at the time of the report, including any matters relating to its terms of reference;

(II) if the tribunal finds that there is insufficient co-operation from a person(s) not compellable to give evidence pursuant to the provisions of the Tribunals of Inquiry (Evidence) Acts 1921 to 2002, to report that fact to the Clerk of the Dáil, including the steps taken by the tribunal to obtain the co-operation of that person(s), for consideration by the Houses of the Oireachtas, in conjunction with the Minister for Justice, Equality and Law Reform, having regard to the public interest; and

(III) the inquiry shall be completed in as economical a manner as possible and at the earliest possible date consistent with a fair examination of the matters referred to it.

Mr. Rabbitte

Following a meeting with Mr. Michael Finucane last January, I wrote to Mr. Peter Cory. I set out the purpose of that. I especially want to advert to one paragraph which states: "In the present circumstances, it strikes me that it would be of particular assistance to all concerned if we had the benefit of your own assessment as to whether the Bill published by the British Government satisfies the test set out by you in your report." In the event, although Mr. Cory was initially reluctant to comment until the legislation had been finalised, he made public his position last week.

At this stage, the Bill has passed the House of Lords and is before the House of Commons. Mr. Cory said that any attempt by Britain to limit the scope of the inquiry into the killing of Pat Finucane would make an independent investigation "impossible". He further stated: "I don't know how any self-respecting Canadian judge would be part of it in light of the restrictions on independence it would impose." He confirmed the initial point he made in his report. He stated: "There was only one standard for a public inquiry at the time of the Weston Park accord." That Bill is also opposed by senior members of the British judiciary, including the head of the Bloody Sunday inquiry, Lord Saville, and the Lord Chief Justice, Lord Woolf.

Mr. Mitchell Reiss, the US envoy to Northern Ireland, has expressed concern that the new legislation could potentially reduce the independence and transparency of an investigation into the murder. He stated:

Whatever legislative instrument is used, my concern is that the inquiry has the necessary legal powers to establish the truth of what happened in the Finucane case and that the process has the confidence of the people in Northern Ireland. The chair and other members of the inquiry should be fully satisfied that the terms of reference will provide them with the authority necessary to establish the truth and to examine thoroughly the allegations of collusion highlighted by Judge Cory.

This House must unite in making the same point that has been repeated by the Finucane family, Mr. Peter Cory, republican and Nationalist parties in the North, senior British judges, the Bush Administration and other leading Irish American politicians. It is not too late for the British Government to rethink its position on this issue and to live up to the commitments it made at Weston Park.

Mr. Ferris

I wish to share time with Deputy Boyle and Deputy Cowley.

An Leas-Cheann Comhairle

Is that agreed? Agreed.

Mr. Ferris

I endorse the request made by Deputy Ó Caoláin that everybody with relevant information ought to make himself or herself available to this tribunal. The tribunal should be allowed to examine the entire background to the allegations made, particularly in regard to the individual who claims to have persuaded Judge Cory to request that it be established.

Toby Harnden is one of the sources for the claims that there was collusion involving members of the Garda in the killing of Chief Superintendent Breen and Superintendent Buchanan. He has already been castigated by Judge Peter Cory for failing to substantiate that claim. Cory said his interviews with both Harnden and Kevin Myers revealed how little these gentlemen relied on fact and how much on suspicion and hearsay.

Harnden has already been found to have made an unsubstantiated allegation that those killed in Bloody Sunday in Derry had been involved in violence that day. It would appear that Harnden distorted a statement given to him by one of the paratroopers involved in that event. Kevin Myers, who repeated the allegations made by Harnden, has already reacted in his usual manner, by attacking Cory, comparing him to Homer Simpson. There has been speculation that both Myers and Harnden will attempt to avoid giving evidence to the tribunal, further proof of the shallow nature of their claims.

The centre of the allegation is a person named Peter Keely, who uses the name Kevin Fulton. Keely, who claimed to have been a British agent within the IRA, was discredited by Scotland Yard, which claimed his false information cost it £1.5 million in wasted police time. Another source is a person named Martin Ingram, otherwise known as Jack Graham. He claims to have worked for the force research unit and was completely discredited when——

An Leas-Cheann Comhairle

The Deputy should refrain from mentioning names.

Mr. Ferris

He was completely discredited when he appeared at the Saville tribunal. It is interesting that both he and the other person mentioned have similar claims and used each other to back up their scurrilous allegations. It would appear that the Garda Síochána has already formed an opinion as regards the reliability of their statements. The Garda also described one of them as an intelligent nuisance and a serial informer who is not to be trusted. Yet they are the people whose claims are to form the basis for the setting up of this tribunal.

We are therefore entitled to ask what really lies behind the tribunal. I do not doubt that Judge Cory was genuine in his belief that the claims made by the aforementioned warranted further investigation, but I contend that he was gravely misled by that individual. A closer examination of his purported evidence would have come to the same conclusion as investigations into other claims concerning Garda collusion in the killing of Justice Gibson. There must surely be a suspicion, therefore, that allegations made are part of an attempt by British agencies to divert attention from the ongoing investigations of their roles in events in this country.

This also comes at a time when a concerted and possibly successful attempt is being made to ensure that Peter Cory's investigations into those events will be sabotaged in the same manner as previous investigations into the involvement in violence by the British state. It would appear the Taoiseach shares this view as he has come out in support of Peter Cory, who has strongly criticised the Inquiries Bill, which is designed to thwart any meaningful inquiry into the death of Pat Finucane as well as into many other instances where the British state is suspected to have been involved in the killing of those it claims to be its citizens. It is surely convenient at this time, when the spotlight should be on the murky role of British intelligence, that this tribunal has been initiated on the basis of what are generally believed to be baseless allegations made by discredited journalists, who have relied on their own imaginations and the word of discredited informers. If one of the aforementioned informers turns out to be a genuine agent, why did he make the claims, and at whose behest?

Finally, I note the Minister for Justice, Equality and Law Reform, Deputy McDowell, in his remarks did not endorse the Taoiseach's support for Judge Cory's conclusions regarding the efforts to sabotage the Finucane and other inquiries. Neither did he refer to the refusal by the British authorities to co-operate in a meaningful way with the investigation into the Dublin and Monaghan bombings.

Mr. Boyle

As my party colleague, Deputy Cuffe, has already stated, the Green Party supports this motion calling for the establishment of a tribunal of inquiry into the deaths of Superintendents Breen and Buchanan and possible Garda collusion. It is somewhat ironic that one of the two murder victims shares the surname of a relatively iconic figure in Irish history who participated in the War of Independence and the Civil War. This is probably one of hundreds of ironies that have bedevilled the history of conflicts on this island in the last century. Of course in moral terms, as much as anything, we have an obligation to investigate crimes of this nature and to ensure the allegations are fully investigated and if proven, acted upon in the most responsible way.

As my colleague also stated, the Green Party has some concerns in terms of the wider aspect of investigating the many instances of outrage that have not been properly investigated in all parts of this island as regards the involvement, in particular, of judicial forces. There are other elements of this conflict which relate to extra-judicial forces that cannot account for themselves in the same way. Those of us who form the apparatus of or man the agencies of the State have a particular democratic responsibility in ensuring that allegations and practices of this type do not occur. The danger is that there has been a difference in approach as regards many of the necessary investigations and tribunals, depending on the mover of the inquiry. To its credit, the Irish Government has moved more speedily and in a better direction than others involved in satisfying much of the uncertainty surrounding such incidences. Unfortunately that lack of parallel development hinders the full resolution of all these incidences. As a responsible Opposition party, the Green Party intends to play its part in ensuring matters are progressed and in offering the Government any support it can in this regard.

We believe, however, that the wider picture may be better determined if we embrace the South African truth and justice commission model, because of the number of incidences that needs to be properly brought out into the open. There is a need for a proper mechanism which will allow the truth to be told, properly recorded and moved on from. The piecemeal approach is leading us into cul-de-sacs where fingers can be pointed and active and fevered imaginations are given full rein in determining who is working against whom in asking for such tribunals. On all these grounds, while supporting this particular motion for the setting up of a tribunal, we ask the Government to use whatever mechanism it can in the current state of the process between the British Government and other actors, as regards the Northern Ireland peace process, to investigate and promote the model that seems to have worked so well in South Africa. That is probably the best mechanism for overcoming the dozens if not hundreds of incidences that still require proper explanations.

This tribunal of inquiry will only go part of the way towards arriving at some manner of explanation to account for these two needless, yet sadly significant, deaths.

Dr. Cowley

It is important to get the truth, where deaths are unaccounted for. People are putting forward the proposition that there has been collusion as regards the deaths of these two RUC officers. Judge Cory was frustrated by the British Government in his attempts to find out what he needed to know in the past. There is a great need to find out whether collusion has taken place.

I have been reading in Lost Lives the story of the men, women and children who have died as a result of the Troubles in Northern Ireland. The book describes the killing of Chief Superintendent Breen. As the Minister said, he tried to reverse away, but was unable to do so. The vehicle's back wheel became stuck in a ditch. When security forces went to the scene, they found the car still in reverse gear, with the driver's foot still fully depressed on the accelerator pedal. Chief Superintendent Breen was lying by the roadside. Apparently documents had been taken from the car and the ignition key was in the lock of the open boot. The policemen were unarmed, as required by law in the Irish republic. They had been at a meeting in Dundalk that lasted for an hour and the two policemen drove north soon afterwards.

It is important that allegations of collusion are investigated. There is a view, however, that there was also collusion in the Dublin and Monaghan bombings. Mr. Justice Barron suspected as much and Mr. Seán Donlon, the former Secretary General of the Department of Foreign Affairs, appeared convinced that there had been collusion and said so to the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights. There is strong evidence of collusion between the British secret service and loyalists in the 1972 bombings, particularly given the background of the debate on the Offences Against the State Act.

The Dublin and Monaghan bombings of May 1974 were the worst single atrocity in the Troubles. Three bombs exploded in Dublin city centre, on Parnell Street, Talbot Street and South Leinster Street, on a busy Friday evening. There was no warning and the explosions killed 26 people, including a pregnant woman. A short time later a bomb exploded in Monaghan town and seven people were killed as a result. There are unanswered questions and a strong suspicion of British army collusion in these attacks. These families, like the families of Chief Superintendent Breen and Superintendent Buchanan, are entitled to the truth.

There have been delays. The British Government said it would treat sympathetically any request put to it by Mr. Justice Barron, but when he requested information on security and other files on the Dublin and Monaghan bombings, he did not get a proper response. The British Government must have files on this. For 12 years the UVF claimed responsibility for the bombs but many relatives believe the UVF was helped by British intelligence services that wanted to warn the Irish Government not to interfere in Northern Ireland. The bombings took place during the Ulster workers' strike and the UVF was blamed for them, but the sophisticated nature of the devices fuelled suspicions that it had British military help.

There are unanswered questions across the board and it is important that the truth comes out. The Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights did victims a service by giving them an opportunity to express their feelings on the situation and recognising the importance of getting to the bottom of the matter. The sub-committee that reported on the findings of the Barron inquiry noted the lack of co-operation Mr. Justice Barron received from the Northern Ireland Office and the British authorities. The Dáil and Seanad committee experienced the same difficulty. Correspondence was sent to current and former office holders in Northern Ireland and Britain and the responses were not adequate. The report clearly states that this caused difficulties and, as a result, it was unable to say if there had been collusion or who the perpetrators were.

This works both ways. We want the IRA to co-operate in bringing the murderers of Robert McCartney to justice, and rightly so. It is important, therefore, that the British authorities co-operate in bringing forward the truth about the Dublin and Monaghan bombings. It has been noted by the joint committee that the failure to bring forward this information is in breach of the Good Friday Agreement, which states that the participants believe it is essential to acknowledge and address the suffering of the victims of violence as a necessary element of reconciliation. What is sauce for the goose is sauce for the gander. It is impossible to reconcile the stance of the authorities in Northern Ireland and Britain with this element of the agreement, as is stated in the report of the sub-committee into the Barron report.

I brought to the British-Irish Parliamentary Body the question on the need for an inquiry and for an answer from the British authorities. I asked for a public inquiry into the matter and warned that we would, if necessary, take them to the European Court of Human Rights. I was told in a reply:

Prime Minister Blair wrote to the Taoiseach on the Dublin and Monaghan bombings in 1974 and the Dublin bombings of 1972 and 1973 on 10 January 2005. The letter was passed on to the Joint Oireachtas Committee on Justice, Equality, Defence and Women's Rights. . .

In that letter the British Prime Minister said: "The Government welcomed the establishment of the Barron inquiry and co-operated with it as fully as possible, conducting a thorough search of all government records. . .

The Government notes Mr. Justice Barron's conclusions that, while allegations of collusion between the British security forces and the perpetrators of the bombing were not fanciful, he had not seen any evidence to corroborate it and it could not be inferred, even as a probability.

In the circumstances, the [British] Government concludes that no further benefit to the public interest would accrue from the establishment of an inquiry, within the United Kingdom, to re-examine these allegations.

On the matter of British co-operation with Justice Barron's extended inquiry into the Dublin bombings of 1972 and 1973, it was our [the British Government's] judgment at the time of Justice Barron's approach that, given our experience of the scale of the task in identifying relevant material in the Dublin-Monaghan and Dundalk bombings, it would not be possible to conduct another major search through our records relating to the 1972/73 bombings within the timescale of the inquiry."

This deserves an inquiry and the Irish Government is doing its bit. The British Government should also do its bit. I note the response from the Irish Government to my question:

The Government continues to believe that a mechanism should be found that would allow for independent scrutiny and assessment of material and files held by the British authorities. This view was reiterated by the Taoiseach when he met Prime Minister Blair in London on 1 February. The issue was also mentioned by Minister Ahern at his meeting with Secretary of State Murphy on March 2.

Now that the report of the joint committee has been published, it must be considered by Government. In its response to my question, the Government stated:

Recommendations include the proposal that in the event that an inquiry based on the Weston Park proposals failed as a consequence of a lack of co-operation with the Government or the authorities in Great Britain or Northern Ireland, the Irish Government should consider instituting proceedings in the European Court of Human Rights in Strasbourg . . . However, it would be our preference to get an outcome through persuasion and work with the British Government.

We all agree with working with the British Government and that the truth must come out. There is room here for co-operation. Collusion is debatable but so far there is no doubt about non-co-operation.

I have an interest in this because Mr. Thomas Duffy, who was killed by the car bomb that exploded in Sackville Place in Dublin on 1 December 1972, was from Castlebar and was working as a bus conductor in Dublin. He was only 24 years of age. His wife, Mrs. Monica Duffy-Campbell, attended the sub-committee and gave evidence. She was anxious that there be some resolution to this situation because it is difficult to reconcile what has happened with any degree of closure. Time might dull the feeling but it never goes away. There are still unanswered questions and it is vital that we sort out the question of collusion. Mrs. Duffy-Campbell told the joint committee:

I will go on fighting for the next 32 years for some truth. I cannot come to terms with this. I will not find closure and my family will not find closure until somebody stands up and says "OK, we think these people were responsible".

The same was said by the other victims and their relatives. The truth is important and those on both sides of the spectrum deserve no less.

Minister for Justice, Equality and Law Reform (Mr. McDowell)

I thank the Deputies who contributed to the debate and supported the Government's motion. Deputy Jim O'Keeffe asked why the Commissions of Investigation Bill was not used on this occasion. Section 8 of that Bill provides that the proceedings under those inquiries should be held in private as much as possible whereas Judge Cory recommended the opposite, that this inquiry should be held in public as much as possible.

Mr. J. O’Keeffe

One is not precluded from holding a commission of inquiry in public.

Mr. McDowell

No, but the scheme of the Act is that its proceedings should be held in private as much as possible and, effectively, one must get the permission of the High Court to issue the report. It is not the type of tribunal Judge Cory had in mind. Obviously on grounds of expense it was quite attractive. On the other hand, in the context of the controversy about the inquiries Bill, in which I wholeheartedly support the Taoiseach's position, notwithstanding Deputy Ferris's comments, if Ireland is seen to walk away from a public inquiry, it would be regarded as a green light for a different approach to be taken by the United Kingdom and the Government does not accept that.

With regard to expense, remuneration of counsel will be carried out on the basis of the structure for the payment of legal fees agreed by the Government last July, that is, a maximum payment to counsel at the rate of a High Court judge's salary for a year and perhaps less than that. Judge Cory required that the inquiry should be allowed to select its counsel. I am not in a position, therefore, to guarantee that there will be a tendering process. However, there will be strict control and a different approach to finances in the case of this inquiry. That is a firm decision of the Government.

Judge Peter Smithwick has agreed to chair the inquiry and to relinquish his office as President of the District Court and ex officio judge of the Circuit Court for that purpose. I am grateful to him for agreeing to do that.

Deputy Ó Caoláin, in an aside that was designed not to attract notice, used the phrase "fellow Unionists" about other Unionist persons immediately following mention of myself. I am an Irish republican and I know what Irish republicanism means. It does not involve in this day and age killing, shooting or bombing anybody, robbing banks, breaking people's legs or extorting money. None of those activities has anything to do with republicanism.

I look forward to the establishment of a united Ireland under a republican constitution as much as any other Member of the House. It is the vocation of Irish republicans to work towards a reconciliation of the green and orange in this country, as our national flag suggests. The Provisional IRA and Sinn Féin have consistently betrayed the republican cause and continue to do so. They have constantly sought to polarise Northern politics, to drive the centre into extinction and to confront, in a face-to-face challenge, the more rejectionist Unionists. That suits their game plan.

Looking at Magill magazine the other day, I noticed a photograph of the widow of a German industrialist, Thomas Niedermeyer. She was pictured following her husband’s coffin in 1990. His body had been recovered after he was kidnapped, held for ransom and executed by the IRA. He was no more than an industrialist trying to bring prosperity to the people of Northern Ireland. The picture of his wife attending his funeral was accompanied by a laconic note beneath to the effect that, subsequent to the funeral, she returned to Northern Ireland and committed suicide there.

I mention this because it reminded me of the Provisional IRA strategy at the time of trying to wreck the economy of the North and the South. People have forgotten but it might be time to remind them that Galen Weston was the subject of an attempted kidnap by people who have subsequently sought election in this State. TiedeHerrema was the subject of another kidnapping attempt to raise funds for the IRA. Don Tidey was also the subject of a kidnap. These efforts were for the purpose of raising money by kidnapping, demands and extortion for the cause. They were fund-raising efforts of the type we have seen in recent times. The kidnappings were directed by a small Marxist group at the heart of the IRA, some of whose members are now in its leadership, towards destruction of our economic well-being.

We are now told, as a matter of history, that the killing of Chief Superintendent Breen and Superintendent Buchanan was a killing of combatants. It was no such thing. The two men were unarmed and were known to be unarmed. The IRA, as Deputy Jim O'Keeffe said, lied immediately afterwards and claimed it had been ambushed and frightened by the two men and had resisted. The truth is that the two men were slaughtered in a premeditated act of butchery. Even when they attempted to surrender they were finished off on the road in a most grotesque manner.

Sometimes the truth about this matter appears to be lost. The Irish people should remember that the robbery of the Northern Bank was part of a piece, as robberies in this city were, in that the IRA has continuously asserted the right to break the criminal law of this State to raise money to further its political project. Those who think that these events are part of a glorious armed struggle to free this island should remember that the real republicans in this House, among whom I count myself, are the people who have built the economic well-being of this State, have sought reconciliation with the Orange tradition in Northern Ireland and fight to implement the Good Friday Agreement in a way that will bring Irish people so close together that political unity will result.

Mr. J. O’Keeffe

The Minister has not lost his Fine Gael roots.

Mr. McDowell

Those who doubt that should look at today's newspapers and see how polarised opinion is. Sometimes we are asked to believe that a sectarian head count in Northern Ireland will decide its political future. It is interesting to note that whereas the provisional movement has alienated and polarised Protestants in Northern Ireland, one third of Catholics are not with the movement on the project for a united Ireland. That is a poor return for a 30-year war of liberation. However, it is an apt reflection of what happens after 30 years of terrorism, thuggery, cowardice and savagery which we hope has now come to an end.

Question put and agreed to.