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Seanad Éireann díospóireacht -
Wednesday, 15 Feb 1928

Vol. 10 No. 7

PUBLIC BUSINESS. - DUBLIN SHOOTING INQUIRY.

I move:—

"That it is expedient that a Tribunal be established for inquiring into a definite matter of urgent public importance, that is to say, the facts and circumstances surrounding the shooting of Timothy Coughlan at Woodpark Lodge, Dartry Road, on the 28th January, 1928."

It will probably be within the recollection of Senators that when this regrettable incident took place the jury, after deliberating on the cause of death, added a rider to their verdict to the effect that they were of opinion that the circumstances of the case should be a matter of further investigation. I have been informed that the Minister for Justice is bringing forward in the Dáil to-day a motion similar to that which I have now proposed, and in order that the Tribunal to be established by the Minister to conduct this inquiry shall have full power to summon witnesses before it and to take sworn testimony it is necessary, I believe, that a resolution should be passed both by the Dáil and by the Seanad. Therefore I think it is desirable that, as the Government consider that the facts and circumstances of this particular case should be further investigated to clear up the doubt which apparently existed in the minds of the jury, a Tribunal should be established, with the necessary powers to summon witnesses and to take sworn testimony. With that object I move the motion.

I second the motion.

On a point of procedure, there is a similar motion in the Dáil, and there is an amendment of a material character to that motion. Should that amendment be carried this motion here will have no meaning.

CATHAOIRLEACH

That will not be our fault.

One wonders why the motion was brought forward here before the Dáil had decided on its course of action.

CATHAOIRLEACH

I do not know. You see, it is necessary that a motion of this kind be passed by both Houses. I do not see any point in the question as to which House is the first to pass it. One or the other must be the first to pass it. Why it should not be this House just as much as the other House, I cannot see.

If the amendment is passed in the other House, what will the position be?

CATHAOIRLEACH

The position might be the contrary; an amendment might be carried here. "Sufficient for the day is the evil thereof." If we pass this resolution and the Dáil rejects or amends their resolution, that is their look-out.

In that case the resolution would fall to the ground.

CATHAOIRLEACH

Do not take me as authoritative in this matter, because I have not looked into it.

I am speaking for the Minister for Justice in this matter. He is in charge of the motion in the other House. The position is as Senator Guinness has indicated. It is necessary for the bringing of this tribunal under the Tribunals of Inquiry (Evidence) Act, 1921, to have an identical resolution passed in both Houses. A similar resolution is on the Order Paper of the Dáil to-day. As the Cathaoirleach suggested, it does not seem to make any difference as to which House passes it first. The Dáil may pass it, this House may pass it, and the tribunal is constituted and has all the powers of any other judicial tribunal to compel the attendance of witnesses and to send for documents. The Dáil may reject it or amend it; this House may pass it, and the whole procedure falls to the ground. Alternatively, the Dáil may pass it, and this House may reject or amend it, and the procedure falls to the ground. Whichever House you begin with you are up against the same difficulty. There is no reason why this should not be passed here to-day and in the Dáil to-morrow. Alternately there is no reason why the Dáil should not pass it to-day and this House to-morrow. Finally, there is no reason why it should not be passed by both on the same day.

Question put and agreed to.
The Seanad adjourned at 5.15 p.m.
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