Smithwick tribunal given date for report

A TRIBUNAL investigating suggestions of collusion by gardaí in the murders of two senior RUC officers must furnish details of its workings by the end of June and its completed report by November 30th, after the Dáil changed its terms of reference.

Fianna Fáil, Sinn Féin and a number of Independents opposed the motion changing the terms of reference of the Smithwick inquiry chaired by former district court president Judge Peter Smithwick, but it was passed by 105 votes to 35.

The inquiry was established in 2005 to investigate suggestions of collusion in the killing of Chief Supt Harry Breen and Supt Bob Buchanan in March 1989, but Minister for Justice Alan Shatter, who introduced the motion yesterday in the Dáil, said the tribunal “has sat in private for six years and has not yet held a substantive oral hearing”.

He rejected Opposition claims that he wanted to curtail the tribunal’s work but said the motion “is about ensuring that this tribunal is meeting its obligations”.

The original motion passed in March 2005 “envisaged that after 10 days of oral hearings there would be an interim report”.

Mr Shatter said the motion aimed 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 Minister stressed 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”.

He said “the lawyer representing the bereaved family of one of the deceased RUC officers has expressed public concern about this matter in Northern Ireland” and he was involved in a BBC interview with him.

“These two RUC officers suffered a barbaric death at the hands of those who were responsible for their deaths. After six years of this tribunal being in place, this Government wants to ensure that, in terms of any suspicion or suggestion of any description that anyone associated with or a member of the Garda Síochána was in any way complicit in their deaths, we know what the position is and the conclusions of the tribunal.”

He had “received a communication from Judge Smithwick since the moving of this motion became known and a reply has been sent and there has been an exchange of correspondence between us.”

It would have been inappropriate for him to have consulted the tribunal chairman about the terms of the motion “given the respective roles of the Oireachtas and the tribunal”.

Fianna Fáil justice spokesman Dara Calleary said the publicity surrounding the issue forced the tribunal chairman to write to the Minister and Mr Calleary said this inquiry was very different from other ones and it would have been appropriate to consult the chairman.

He said the motion was rushed and the manner of its introduction was “completely inappropriate”.

The tribunal “was set up as part of an international agreement signed at Weston Park”. Two weeks ago “the Dáil unanimously agreed a motion on the Dublin and Monaghan bombings. We cannot campaign about other allegations of collusion without being upfront about our own interest in this area.”

Sinn Féin justice spokesman Jonathan O’Brien said seeking an interim report by June 30th and a “final report by November 30th of this year is a mistake that will feed the conspiracy theories that the Government and the Garda may have something to hide”.

He said that “arguments over costs sound petty and irresponsible when set against the desire of two families to know how their loved ones died”.

Thomas Pringle (Ind, Donegal South-West) expressed concern at the motivation for the move.

“Given the visit of the British Queen recently and this attempt to guillotine the work of the Smithwick tribunal, I wonder if an attempt is being made to draw a line under the peace process, say it is done and dusted, there is peace in the Six Counties and we need to move on to other work,” he said.