The Smithwick Tribunal was established pursuant to the Tribunals of Inquiry (Evidence) Acts 1921-2002, to enquire into 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 Bob Buchanan in 1989. The Tribunal was established by resolutions passed by the Oireachtas in March 2005. The Tribunal is chaired by His Honour Mr. Justice Peter Smithwick.
The Deputy will be aware that the Tribunal Chairman is independent in his functions in accordance with the provisions of the Acts. The terms of the Resolutions of Dáil Éireann and Seanad Éireann and the Instrument establishing the Tribunal provide for the submission of interim reports to the Clerk of the Dáil within ten days of the commencement of oral hearings regarding the granting of representation before the Tribunal, progress to date, likely duration and any other matters which the Tribunal considers appropriate. I am informed that the Tribunal is in an investigative phase at present. Public hearings will take place once that phase is completed.
As to whether the Tribunal has secured all the co-operation it requires, that is a matter for the Tribunal itself and will, I have no doubt, be addressed by it in the final report. In any event the resolutions passed by the Houses permit the Chairman to write to the Clerk of the Dáil if he believes that he is not receiving full co-operation.
