Minister for Justice Alan Shatter has insisted the Government is not seeking to impede or ‘wind down’ the Smithwick tribunal
Publishing a motion in the Dáil today, he said its purpose was “to afford the Dáil the opportunity to consider the current state of play with the tribunal’s work and it seeks to establish a timeframe which is reasonable for the tribunal to complete that work”.
The tribunal has been investigating claims of collusion by gardaí or other State employees in the 1989 murder of senior RUC officers Harry Breen and Robert Buchanan.
They were ambushed by the IRA near Jonesboro, Co Armagh, on their way home from a meeting with the Garda Síochána in Dundalk earlier that day.
Last week, the Government announced it would change the terms of reference of the tribunal, which was established in 2005, effectively to oblige it to produce an interim report at the end of June and a final report by the end of November.
Although established six years ago, the tribunal will only begin its first substantive public hearings involving witnesses on June 9th.
The opening statement by tribunal chairman Judge Peter Smithwick will take place on June 7th.
In his motion today, Mr Shatter said: “Let me state emphatically at the outset that the purpose of this proposal is not to impede, confine or in any way interfere with the independence of the tribunal in fulfilling the terms of reference of the inquiry.
“It is not about the ‘winding down’ of a tribunal. Instead, it is about fulfilling this House’s responsibilities, while fully supporting the work of the tribunal.”
He said he did not believe it would have been appropriate to have consulted with Judge Smithwick on the terms of the motion before the House.
But he added: “I can tell the House that some time ago Judge Smithwick indicated to me that the Tribunal would be able to conclude its work within the timescale now contemplated by the motion.”
“I believe it to be both in the public interest and in the interest of those bereaved by the callous murders of the two police officers to underpin that in the motion.”
The Minister has asked Judge Smithwick to complete an interim report by the end of June. So far the tribunal has cost €8 million.
Amnesty International has criticised the Minister's decision to ask the tribunal chairman to complete his work by November 30th and to ask for an interim report by the end of June.
Colm O’Gorman, executive director of Amnesty International Ireland, said: "It is essential that any inquiry into alleged collusion be independent, impartial and thorough. Imposing these time limits without setting out satisfactory reasons could be seen as interfering in the independence of the tribunal."
“Changes to the terms of reference of a tribunal should only be done to make it more effective, and not driven by concerns around cost, as some reports indicate is the case here. Financial constraints in themselves cannot justify any eroding of the thoroughness or effectiveness of an inquiry."
"We need to know the truth about what happened to RUC officers Harry Breen and Robert Buchanan and what role, if any, members of An Garda Síochána played in their deaths," Mr O'Gorman said.