In line with the recommendations in the final report of the Joint Committee on Justice, Equality, Defence and Women's Rights on Judge Barron's report into the Dublin-Monaghan Bombings of 1974, the MacEntee Commission of Investigation was established to examine certain aspects of the investigation in this jurisdiction of the Dublin and Monaghan bombings in 1974, arising from findings made by Mr. Justice Barron.
The Report of the Joint Committee on Justice, Equality, Defence and Women's Rights also recommended that a public tribunal of inquiry in Northern Ireland and-or Great Britain be established. It was recommended that the terms of reference should be agreed between the two Governments and should be based on Weston Park proposals. The British Government has indicated that it does not intend to establish such a public tribunal of inquiry.
The sub-committee recommended that if there was a lack of co-operation on this matter from the Government or authorities in Great Britain or Northern Ireland, that the Irish Government should consider instituting proceedings in the European Court of Human Rights, ECHR, seeking appropriate declaratory relief against the UK, requiring it to put in place an appropriate investigation.
I have received advice from the Attorney General in relation to bringing a case to the ECHR. The Attorney General was in turn able to draw on the expertise of a number of experts in this field of law. The essence of the advice is that there are great difficulties in the Government bringing a successful case against the British Government in the ECHR. I am not in favour, nor is the Attorney General, of bringing a case such as this if we cannot be confident of winning it.
