Dáil Éireann Debate, Tuesday - 7 November 2023
14. Deputy Peadar Tóibín asked the Taoiseach the number of tribunals, public investigations and commissions of investigation in process; the length of time each has been under way; when each will conclude; the cost to date of each; and the estimated cost of each at completion. [46827/23]
View answerThe only ongoing commission of investigation for which I am the specified Minister is the National Asset Management Agency, NAMA, commission of investigation. As with all such commissions, it is fully independent in its investigations.
The commission was established in June 2017, following consultations with Oireachtas parties, to investigate the sale by NAMA of its Northern Ireland portfolio, known as Project Eagle. Its original deadline for reporting was 31 June 2018 but, following several requests from the commission and consultation with Oireachtas parties, its timeframe for reporting has been extended. In this context, it should be noted that the commission’s original sole member was Mr. Justice John Cooke, a retired judge of the High Court. Mr. Justice Cooke sadly passed away in April 2022 and the then Taoiseach, Deputy Micheál Martin, subsequently appointed Ms Susan Gilvarry to be the new sole member of the commission in June 2022.
In July 2023, the commission submitted its 16th interim report to me and requested a further extension to its timeframe for reporting until the end of March 2024. In this latest interim report, the commission noted that it was well advanced in the preparation and finalisation of its draft final report and that it would shortly commence circulating it to relevant persons, some of whom reside outside the jurisdiction. This is required by the Commissions of Investigation Act. The interim report also noted that the commission would take all submissions received into account in formulating its final report and that, during this extension, it would also invite, consider and determine requests for recovery of legal costs and other expenses necessarily incurred pursuant to section 24 of the Act. From the time of its establishment to the end of September 2023, the commission cost approximately €6 million. This excludes third party legal costs incurred but not yet paid.
There is a trend in how this Government deals with scandals that are made known by campaigning groups. The Government usually says sorry here in the Dáil in measured, grave tones. It promises it will never happen again and that an investigation or tribunal into the scandal will be held. However, when it comes to the business end, the creation of the investigation, the Government usually waters down the terms of reference so that the tribunal or investigation becomes a whitewash. We have seen this over and over again. The CervicalCheck tribunal is one example. Unfortunately, it is now happening to the Women of Honour. The Government promised these brave women that they would be included in the development of the terms of reference for the proposed tribunal but, in recent times, the Tánaiste has shattered that illusion. The Women of Honour group has called for the term "abuse" to include psychological abuse and for the investigation to focus on the culture that exists within the Defence Forces that led to rape, sexual abuse, the cover-up and the bullying of the whistleblowers within the organisation. However, the Government is now reneging on the promises made to these women. It is looking to limit the investigations to those who have already accessed the internal complaints procedures. This is despite the independent review group admitting that 70% of women who have been abused do not access the complaints procedure. At this late stage, will the Taoiseach fix the damage the Tánaiste has done and adhere to the request of the Women of Honour group to include its objectives in the terms of reference?
I raise the case of the death of Margaret Bracken, whose body was discovered at her home in Dundalk on 16 December 2019. The Garda very quickly concluded that there was nothing suspicious about the circumstances of her death. That conclusion was reached extremely quickly, with the sergeant and inspector having spent less than ten minutes in the house before doing so. However, they ignored all of the evidence, which strongly suggested that a robbery and struggle had preceded the heart attack the post-mortem found she died from. They ignored the fact that her body was naked and that her handbag, which had a large sum of money inside, had been robbed. They also ignored the fact that her final call had been to 999, that the CCTV control box was missing, that the kitchen table had been completely cleared, which was very unusual, and that all the plugs were unplugged. The family have been let down extremely badly by the Garda. Ms Bracken's daughter has spoken to the Tánaiste. Does the Taoiseach agree that, at the very least, we need to have a coroner's inquiry into this death as soon as possible?
I will also raise the issue of the untimely death of Margaret Bracken, who was found naked in her home in Dundalk on 16 December 2019. The family has been campaigning for justice since her body was discovered in the hallway of her home. The crucial issue here is that the scene was not sealed off at the time and that two gardaí made a decision quite quickly that she had died from natural causes. All of the evidence was contaminated thereafter. Deputy Paul Murphy has raised the issues of the CCTV camera, the 999 call, the missing handbag and the money taken from the house. It is the events that took place subsequently that need to be inquired into. I sent a letter and put a question to the Minister for Justice in 2022 and she replied that, as Minister, she had no statutory role in intervening. I was calling for an independent inquiry into the circumstances of the death and the investigation to date, which might make further recommendations. This could have been carried out by someone at chief superintendent rank from another division. The Minister could equally appoint a senior lawyer or recently retired judge to review the evidence. There is no death certificate. There has been no coroner's inquiry and no court case. Will the Taoiseach look into this matter?
I thank Deputies for their contributions. On the forthcoming inquiry into abuse in the Defence Forces, the Tánaiste has consulted the Attorney General on the establishment of the inquiry and its terms of reference. He has engaged with stakeholders, including the Women of Honour group, other groups such as the Men and Women of Honour group, PDFORRA and RACO and individuals. Draft terms of reference for the inquiry were shared with a variety of stakeholders. The Tánaiste considered the feedback on these draft terms of reference that he had received from several stakeholders. He has discussed the range of comments and observations received at length with the Attorney General. The Tánaiste continues to wish to engage with the Women of Honour group and its legal representatives and has accepted many additional terms and edits, particularly those sought by the group and its legal team. These changes to the terms of reference include the group's request for a statutory public inquiry. Revised terms of reference have been shared with the individuals and groups that have been in contact with the Tánaiste and he intends to revert to the Government in the coming weeks to seek approval for the terms of reference and the appointment of a judge to chair the tribunal. I have full confidence in the Tánaiste's competence to establish an inquiry that is both comprehensive and fair.
With regard to the sad death of Margaret Bracken, I once again extend my condolences to her family and all of those who knew her. I am afraid I am not familiar with the details of the case, although I am aware of it. My understanding is that decisions on whether inquests are carried out are a matter for the county coroner.
If there is any issue around Garda actions, it would be best investigated by means of a complaint to the Garda Síochána Ombudsman Commission.
We have already done that.
I will let the Minister for Justice know the case was raised in the Dáil again today.
