I welcome the members of the Justice for the Forgotten group represented by Greg O'Neill, solicitor; Cormac Ó Dualacháin and Micheál O'Connor. I also welcome the group represented by Des Doherty and Company, solicitors, and Miriam Reilly.
The sub-committee established by the Joint Committee on Justice, Equality, Defence and Women's Rights wishes to express its deepest sympathy with the victims and relatives of the victims of the Dublin and Monaghan bombings of 17 May 1974. In human terms, the true cost of these atrocities is incalculable. The sub-committee wishes to acknowledge the enormous suffering endured by both the victims and their families, which in many cases is ongoing. It is hoped that both the publication of the Barron report and the hearings which will be conducted by this sub-committee in the coming weeks may go some small way towards alleviating the distress these individuals have suffered over the years.
The joint committee established the sub-committee to consider the Barron report in public session and to report back to the joint committee. The Joint Committee on Justice, Equality, Defence and Women's Rights is an instrument of Dáil Éireann and Seanad Éireann and fulfils an important public function in completing the task specifically assigned to it by both Houses. It is pursuant to the terms of reference decided by both Houses that the committee is sitting this morning.
My name is Seán Ardagh and I am chairman of the sub-committee. The other members are Deputy Costello, the Labour Party spokesperson on justice and law reform, Deputy Paul McGrath, vice-chairman of the Joint Committee on Justice, Equality, Defence and Women's Rights, Deputy Hoctor, the Government convenor of the committee, Deputy Peter Power and Senator Jim Walsh, the Fianna Fáil spokesperson on justice and law reform in the Seanad. Hugh Mohan, senior counsel, is advising the sub-committee along with Paul Anthony McDermot and Tara Connolly. Deputy Finian McGrath, an Independent Deputy, is also a member of the sub-committee.
At the outset of our work, we recall the words of Mr. Justice Henry Barron in his statement to the joint committee on 10 December last. He said, "The Dublin and Monaghan bombings of 17 May 1974 remain the most devastating attack on the civilian population of this State to have taken place since the Troubles began". A total of 33 people, including one pregnant woman, died as a result of the explosions. Many more were injured and we will hear from some of those people today. Some insight into the nature of the atrocities which were perpetrated on the streets of Dublin and Monaghan can be gleaned from the following report of the Talbot Street bomb, which appeared in the Irish Press the following day. It stated:
Seconds after the blasts, as the pall of smoke rose from the streets, dazed survivors saw the normal home-going rush of people turned into a scene of carnage. There were bodies, some limbless, some blasted beyond recognition, some burned, lying on the pavements. Scores of others badly injured and many knocked out by the blast or shocked by the impact were hurled into windows and side streets. For some time it was impossible to distinguish between the dead and the injured.
Today, 30 years after the events described in that passage, we revisit those terrible scenes for the purpose of fulfilling our terms of reference.
It is appropriate to recall briefly how the Barron report came into being. It also might be appropriate at this juncture to recall the Taoiseach's acknowledgement of the extreme pain and suffering experienced by the victims and their families and of the fact that he has been committed to addressing the concerns of those affected by the terrible deeds perpetrated on that day.
To assist in this, on 19 December 1999, the Taoiseach announced the appointment of Mr. Justice Liam Hamilton. His terms of reference were agreed on 15 February 2000 and were as follows:
To undertake a thorough examination involving fact finding and assessment of all aspects of the Dublin/Monaghan bombings and their sequel, including the facts, circumstances, causes and perpetrators of the bombings; the nature, adequacy and extent of the Garda investigation, including the co-operation with and from the relevant authorities in Northern Ireland and the handling of evidence, including the scientific analyses of forensic evidence; the reasons why no prosecution took place, including whether and, if so, by whom and to what extent the investigations were impeded; and the issues raised by the "Hidden Hand" TV documentary broadcast in 1993.
In this context the phrase "the Dublin/Monaghan bombings" refers to the bomb explosions that took place in Parnell Street, Talbot Street and South Leinster Street, Dublin on 17 May 1974 and the bomb explosion that took place in Church Square, Monaghan on 17 May 1974.
The results of the examination by Mr. Justice Hamilton, who was succeeded by Mr. Justice Henry Barron, were to be presented to the Government and followed by an examination of the report in public session by the Joint Committee on Justice, Equality, Defence and Women's Rights or a sub-committee of that committee. It was envisaged that the joint committee would advise the Oireachtas on what further action, if any, would be necessary to establish the truth of what happened. The establishment of the Independent Commission of Inquiry was a genuine attempt to respond to the legitimate needs and concerns of those injured or bereaved as a result of the bombings and to move towards closure for people who had suffered for too long.
The Barron report was presented to the Taoiseach on 29 October 2003. The main body of the report was 277 pages long. An idea of the areas covered may be gleaned from the part headings: Part 1: Background information; Part 2: The Garda Investigation; Part 3: Assessment of the Investigation; Part 4: Issues raised by the "Hidden Hand" Programme; Part 5: The Perpetrators and Possible Collusion; and Part 6: Conclusions. The report also contained four appendices dealing with the following subjects: a transcript of the "Hidden Hand" programme; the murder of John Francis Greene; weapons linking members of the security forces and loyalist paramilitaries; and a profile of the victims of the Dublin-Monaghan bombings.
The sub-committee is constrained in all its activities by its terms of reference and, accordingly, all its work must be directed and controlled by the parameters of those terms of reference. It can never be the function of the sub-committee to re-investigate the Dublin and Monaghan bombings of 1974 or to arrive at a different conclusion from that arrived at by Mr. Justice Barron.
By a motion of referral by Dáil Éireann and Seanad Éireann on 10 December 2003, both Houses of the Oireachtas requested the Joint Committee on Justice, Equality, Defence and Women's Rights, or a sub-committee thereof, to consider in public session the Barron report and to report back to both Houses within three months concerning three items: first, whether the report of the Independent Commission of Inquiry into the Dublin and Monaghan Bombings of 1974 addresses all the issues covered in the original terms of reference of the inquiry; second, the lessons to be drawn and any actions to be taken in light of the Barron report, its findings and conclusions; and, third, whether, having regard to the report's findings and following consultations with the inquiry, a further public inquiry into any aspect of the report would be required or fruitful.
In recent weeks we have placed advertisements seeking written submissions from interested parties and have received many such submissions. Even at this stage, if there are any parties who believe they can assist us with our terms of reference we will welcome their written submissions. Many of the submissions received were clearly the result of a great deal of time and effort. They were of great benefit to us and we are extremely grateful to all of the authors. In the coming days and weeks, the sub-committee will request some of the parties whose written submissions were of particular relevance to our terms of reference to make oral submissions. These will consist of a short oral presentation followed by questions from individual members of the sub-committee about matters arising out of those presentations. Where oral presentations are not requested, this should not be taken to imply that the sub-committee is ignoring the other written submissions. They have been circulated to each member of the sub-committee and will form an integral part of the sub-committee's deliberations.
A written programme of the sub-committee's hearings has been circulated and the sub-committee has adopted its proposed programme as the best means of structuring its work, bearing in mind the specific terms of reference. The sub-committee is concerned to optimise the time available to it to fulfil its remit within the timeframe delegated by the Houses of the Oireachtas. The sub-committee proposes to divide its work into five modules. Written submissions, in addition to those already received, will be welcome from interested persons and parties in advance of each module.
Today, in module 1, the sub-committee will hear from individual members of families who have suffered bereavements and from surviving victims of the atrocities. The contributions of these victims are invaluable to the work of the sub-committee and I sincerely thank them for their attendance here today. The sub-committee wanted to commence by hearing from the victims in order to place them at the centre of its work. Module 2 will deal with an examination of whether the report of the Independent Commission of Inquiry into the Dublin and Monaghan Bombings of 1974 addresses all of the issues covered in the terms of reference of that inquiry.
Module 3 will involve the attendance here of Mr. Justice Barron to address questions on his report which fall within our terms of reference. We are very grateful to Mr. Justice Barron for agreeing to make himself available for this purpose. The Minister for Justice, Equality and Law Reform, the Garda Commissioner and the Chief of Staff of the Defence Forces have been invited to appear before the sub-committee in module 4 to address the policies that existed at the time of the bombing and how they may have changed since then. Invitations have also been extended to the current and former holders of the office of Secretary of State for Northern Ireland and to other office holders in Northern Ireland and the United Kingdom. In module 5, the final module, we will turn our attention to two items - one, an examination of the lessons to be drawn and any actions to be taken in light of the report, its findings and conclusions and two, whether, having regard to the report's findings and following consultations with the inquiry, a further public inquiry into any aspect of the report would be required or fruitful.
At the beginning of each module, the sub-committee will set out which persons or parties it wishes to hear from and will indicate the proposed order of that part of the hearings. The public hearings will then conclude and the sub-committee will prepare a report on its terms of reference for the purposes of reporting back to the Joint Committee on Justice, Equality, Defence and Women's Rights which in turn will report to both Houses of the Oireachtas. The joint committee, in line with its terms of reference will report back to the Houses of the Oireachtas by 10 March 2004. The report of the joint committee to both Houses will detail the submissions received, the hearings held and such comments, recommendations or conclusions as the sub-committee may decide to make and the said report will be published.
In respect of procedures, it should be noted that the sub-committee is bound by its very precise terms of reference and will not stray beyond them. In particular, the sub-committee is not conducting an investigation of its own into the terrible events of 1974 or seeking to apportion any blame to any person or body. The sub-committee has neither the jurisdiction nor the legal authority to perform any such function. However, if it feels that a further public inquiry which has the power to address those types of issues is necessary, it is open to the sub-committee to so recommend. We would ask everyone appearing before us to respect the fact that we cannot stray beyond our terms of reference.
It should be also noted that in its work the sub-committee is both legally and constitutionally bound to respect and follow the content of the Supreme Court judgment in the Abbeylara case. For anyone who is interested in reading that judgment it may be found in the 2002Irish Reports. In it, Mr. Justice Hardiman stated:
If the Oireachtas were enabled to send for any citizen and to reach findings of fact or conclusions which could be adverse to him and affect his reputation and employment, it would indeed be functioning as a 'High Court of Parliament' and its members would indeed be 'general inquisitors of the realm' to use the archaic language employed by the English courts to describe the former powers of the Westminster parliament. I have not heard anything that convinces me that there is in our Constitution anything which confers such a power on the Oireachtas, either in relation to civil or public servants or in relation to citizens generally.
Mr. Justice Geoghegan stated:
Any kind of inquiry by an Oireachtas committee or sub-committee for a direct and express legislative purpose and which would not be intended to result in findings of blameworthy conduct on the part of identifiable individuals is constitutionally and legally permissible.
As a result of the Supreme Court judgment in the Abbeylara case the sub-committee is legally restrained from entering into any adjudication on the issue of individual or personal culpability. The sub-committee hopes that all interested parties and bodies will understand and respect its position in this regard.
The sub-committee is very concerned that any person who appears before it is fully aware that he or she is not entitled to any form of statutory or parliamentary privilege. Not only can the sub-committee not give any form of guarantee or assurances in this regard, but we would urge invitees to obtain their own independent legal advice as it would appear that each invitee will be responsible for their individual statements.
The sub-committee will apply the Standing Orders of Dáil Éireann and Seanad Éireann. In particular, it should be noted that Dáil Standing Order 59 provides that in committees, order is to be maintained by the chairperson. Standing Order 94 allows the chairperson to order any person whose conduct is grossly disorderly to withdraw immediately. Similar powers are to be found in Seanad Standing Order 78. I hope those powers will not be needed. That is not anticipated.
It is anticipated that daily transcripts of the proceedings before this sub-committee will be made generally available on the Oireachtas website as promptly as possible during the course of the hearings.
Before we commence, there are a couple of acknowledgements we wish to make. Everyone who appears before us does so on a voluntary basis and we thank them very much in advance for their assistance with our work. This sub-committee would also like to express its gratitude for the work done by the late Mr. Justice Hamilton, Mr. Justice Henry Barron and their staff, who have performed an important public service in producing the report we are here to consider.
I now invite Mr. Cormac Ó Dúlacháin for the Justice for the Forgotten Group to make his opening statement.