Private inquiry recommended on 1974 bombings

The Victims' Commission has called for a private inquiry into the Dublin and Monaghan bombings which would "sift out fact from fiction and strong probability from mere speculation".

In its long-awaited report, published yesterday, the commission said a retired Supreme Court judge should head the inquiry, which would seek to establish the facts, circumstances and causes of the bombings of May 17th, 1974.

It said a vacuum had emerged because nobody had been made to answer for the murders. "This vacuum is being filled by speculation and rumour, which are damaging to the Garda Siochana."

The inquiry would examine the adequacy of the Garda investigation of the bombings, including its handling of forensic evidence, the reasons no prosecutions had taken place and whether the investigation was impeded by any party.

While such an inquiry "may need to be given statutory powers", the commission recommended that it be established initially on a non-statutory basis.

It said that after examining Garda and other files and publishing a report, the judge could recommend further action or forward documents to the Director of Public Prosecutions or the European Court of Human Rights.

The commission called for a further inquiry into the murder of Seamus Ludlow on May 1st, 1976, noting that allegations about the conduct of certain gardai and the investigation into the killing were "very disturbing".

As a file on that case is now with the DPP in Northern Ireland, the commission said the inquiry should not publish its report until any prosecution had finished or within 12 months of completing its work, whichever was the later.

The commission advised against establishing a truth and reconciliation commission like that in South Africa or Chile, given that "we are still trying to reach and implement a political settlement".

Instead, it said victims and survivors should have a greater opportunity to tell their stories. This could be achieved through an independent British-Irish victims' cultural and historical resource body, which would financially assist and develop links between voluntary support groups.

Other recommendations were for a day of remembrance for victims, a memorial building and a victims' archive. The report noted, however, that a permanent monument for victims would be "very controversial and divisive" at present. On financial support, the commission recommended that the Criminal Injuries Compensation Scheme should be expanded and the limit on the amount which could be paid to a bereaved family for mental distress raised from £20,000 to £50,000.

In relation to past victims, an "acknowledgment payment" of £10,000 should be given to each of the bereaved families. Continuing medical and counselling expenses for the injured and bereaved should also be paid, as well as a victims' pension.

The report noted that "the vast majority of victims interviewed indicated that, while financial matters were important, they placed a higher priority on the truth, i.e. finding out who was responsible for their plight. Nevertheless, many serious financial problems were raised, mainly relating to the adequacy of compensation paid."

In contrast, no complaints about financial compensation were received from those injured while in the service of the State. However, "a number of gardai spoke of the emotional trauma which resulted from being caught up in violent and life-threatening incidents".

The commission called for a review of the programme for dealing with stress and emotionally traumatic incidents.

In the area of emotional and medical support, the body recommended that each health board area should put a team in place to develop an integrated plan for managing the psychological aspects of major accidents. The team should represent a broad range of agencies, including the Garda, hospitals, GPs, social workers, schools, churches and voluntary bodies.

The commission was established last year by the Minister for Justice, Mr O'Donoghue, after the ratification of the Belfast Agreement. Its terms of reference were to conduct a review of services and arrangements to meet the needs of those who had suffered from the Troubles, and to advise on how the support given to victims by their families could be acknowledged and sustained.