Dáil Éireann Debate, Tuesday - 14 December 2004
5 Caoimhghín Ó Caoláin asked the Taoiseach if he has received the report of Mr. Justice Barron on the bombings of 1972 and 1973; the action it is proposed to take on foot of the report; and if he will make a statement on the matter. [30926/04]
Amharc ar fhreagra6 Mr. Sargent asked the Taoiseach if he will make a statement on the Barron report into the bombings and killings in 1972 and 1973 in Dublin, Cavan and Donegal. [30930/04]
Amharc ar fhreagra7 Caoimhghín Ó Caoláin asked the Taoiseach the action he proposes to take on foot of the interim report on the report of the independent commission of inquiry into the Dublin bombings of 1972 and 1973; and if he will make a statement on the matter. [31169/04]
Amharc ar fhreagra8 Mr. Kenny asked the Taoiseach the cost to his Department of the recent report of the Barron inquiry in relation to the Dublin bombings of 1972 and 1973; and if he will make a statement on the matter. [32015/04]
Amharc ar fhreagra9 Mr. Rabbitte asked the Taoiseach if he has received the report of Mr. Justice Barron into a number of bombings and killings in 1972 and 1973; the action he intends to take arising from the report; if he has received information regarding when Mr. Justice Barron will report on the outstanding items within his remit; and if he will make a statement on the matter. [32121/04]
Amharc ar fhreagraI propose to take Questions Nos. 5 to 9, inclusive, together.
The report of Mr. Justice Henry Barron's independent commission of inquiry into the Dublin bombings of 1972 and 1973 was referred to the sub-committee of the Joint Committee on Justice, Equality, Defence and Women's Rights for its consideration on 17 November. The sub-committee will report to the House within three months on any further necessary action.
Costs met by my Department in respect of the Barron inquiry for this year amount to €351,462.95. The expenditure includes the cost of work on the report on the 1972 and 1973 bombings, the report on the murder of Seamus Ludlow, which I have received from Mr. Justice Barron and expect will be referred to the Oireachtas shortly, and the report on the Dundalk bombing which I expect to receive from Mr. Justice Barron in the early part of next year.
The Taoiseach will recall that a commission of investigation into the Garda investigation of the Dublin and Monaghan bombings and missing files in this jurisdiction has been promised on foot of the first Barron report. Will the Taoiseach advise the House when the terms of reference of the commission be published and come before the Houses of the Oireachtas for approval? Will the investigation be open and public and will there be hearings? When will the British Government establish in its jurisdiction the inquiry called for by the Oireachtas commission?
Is the Taoiseach aware that the second Barron report makes a very significant statement on the bombing in Belturbet in County Cavan on 28 December 1972 in which two young people, Geraldine O'Reilly of Belturbet and Patrick Stanley of Clara in County Offaly, were killed? Is the Taoiseach aware the report names a Fermanagh loyalist as the prime suspect and advises that in 1975 gardaí requested the RUC to question the named individual about the bombing? Mr. Justice Barron had to conclude in his report that he is not aware of the result, if any, of that request. As Mr. Justice Barron is very critical of the complete failure of the British authorities to co-operate with his inquiry, has the Taoiseach raised this aspect of the second Barron report with the British Prime Minister, Mr. Tony Blair? Has he demanded the co-operation of the British Government and all its various arms within the North of Ireland on that and all the other aspects of Mr. Justice Barron's first and second reports?
Deputy Ó Caoláin has raised a number of questions. The Government has now passed the proposals in regard to the commission. It will undertake a thorough investigation of the issues identified by the Oireachtas committee as appropriate for further investigation. They were as follows: why the Garda investigation into the Dublin-Monaghan bombings was wound down in 1974; why the Garda did not follow up on the various leads; the information that the white van with an English registration plate was parked outside the Department of Posts & Telegraphs in Portland Row was later seen parked in the deep sea area of the B & I ferry in Dublin; the subsequent contact made with a British army officer on a ferry boat leaving the port; the information relating to a man who stayed in the Four Courts Hotel between 15 and 17 May 1974; his contacts with the UVF; the information concerning a British army corporal allegedly sighted in Dublin at the time of the bombings; and the exact documentation — departmental and Garda intelligence and any other documentation of relevance that is accounted for; the reasons explaining the missing documentation; whether it can be located; and whether the systems currently in place are adequate to prevent a recurrence. The terms of reference will be discussed with the commission when appointed and I expect the commission would consult with the interested parties. That is the first part. I have met the families of the victims of the 1974 bombings and their legal representatives. I have given them the information and the data and I said that the commission, when it is set up, should talk to their representatives about any concerns they have. They have also given to my officials suggestions about some of the workings that will be done.
Regarding the response of the British to the other matters in the Oireachtas report, which was raised here during a previous Question Time and on which there was also some discussion from Parliament to Parliament, I do not have a response.
Regarding the other bombings which were the subject of the second report, I have met the relatives of the two deceased from both the Pettigo and the Cavan bombings, and the families from Clara. That report is now with the committee. The third report, the Seamus Ludlow report, is now with the Government. That will go through a process in the Attorney General's office and will then be published. I do not think there will be any changes to it. We are awaiting the fourth report.
Regarding Mr. Justice Barron's comments on the 1972 and 1973 bombings, we raised that issue with the Prime Minister in his office in Sedgefield some weeks ago. We also put our concerns in writing to the British on 17 November. These matters are now in their system and I hope we will get some responses to that, but not at this stage.
Does the Taoiseach intend to do anything about the apparent time lag between February 2003, when Mr. Justice Barron wrote to Mr. Paul Murphy, the Northern Secretary, seeking information about the 1972 and 1973 bombing and the reply a year later that appears to state the British Government has not yet been able to begin a further major and time-consuming search? Has there been any discussion about that matter in the context of bilateral meetings between the two governments? Can the Taoiseach offer any explanation as to the reason, a year later, such a reply is given which appears to suggest that nothing has been done in the course of that year? Does the Taoiseach find that acceptable?
Finally, in mid-November the Taoiseach indicated that preparatory work was under way establishing a commission of investigation into the 1974 Dublin and Monaghan bombings. Where stands that preparatory work? Has the Taoiseach had discussions with the Minister for Justice, Equality and Law Reform on seeking tenders for legal staff and the rules and procedures under which the staff are to operate?
I understand the Justice for the Forgotten group is exploring the possibility of taking a case to the European Court of Human Rights. Has the Government a position on that matter? Have discussions taken place with the group on it?
With regard to the lack of British co-operation with Mr. Justice Barron's investigation of the 1972 and 1973 bombings, I have written to the Prime Minister on that matter. We have also raised the matter with the British Government as has the joint committee.
I raised the question of the 1974 bombings when I met the Prime Minister some weeks ago in Sedgefield. While we have not received a reply, we must bear in mind what the Secretary of State said when he replied to the joint committee. He said the relevant information covered by the British authorities had been shared with Judge Barron's inquiry, and he had personally ensured that the information had been provided in the fullest possible manner consistent with his responsibilities to protect national security and the lives of individuals.
This House and the joint committee considered Mr. Justice Barron's report in great detail and the recommendations of the committee were accepted by the Government. I commend the joint committee on the way it did its work. I do not know what the British will ultimately do. We have asked them to deal with their aspects of the inquiry and we must await an answer. A committee of the House is also awaiting that answer.
The Government has made a decision to appoint a commission of investigation. The Attorney General is making the necessary arrangements for the appointment of a chairperson and staff. That Government decision is in place and will come before the House for approval. The commission should be in place early in the new year.
There has been communication between my officials, the office of the Attorney General and the legal representatives of Justice for the Forgotten. We have co-operated with them and helped them with funding and with other aspects. I do not know about funding a case at the European Court of Human Rights but in all other areas to date we have assisted the group financially.
