THERE ARE faults on both sides. A decision by Minister for Justice Alan Shatter to publicly pressurise Mr Justice Peter Smithwick into completing his long-running investigation by next November was, at best, a crude political exercise.
On the other hand, the dilatory manner in which the tribunal was investigating allegations of Garda collusion in the murder of two RUC officers some 22 years ago could hardly be ignored.
Since the recession, the public has grown uneasy about the value of tribunals that cost vast amounts. In some instances, that concern was fanned by individuals who did not wish their activities to be investigated. But there were valid concerns. Inquiries set up by the Oireachtas to address issues of “urgent public importance” dragged on for years. Once established, tribunals tended to develop a life of their own. To date, the Smithwick Tribunal has cost €8 million.
Former judge Peter Cory of the Canadian supreme court investigated the murders of RUC Chief Supt Harry Breen and Supt Robert Buchanan in 2003 and concluded the Provisional IRA had not needed Garda information to mount the fatal ambush in 1989. However, he drew attention to two intelligence reports that referred to a Garda leak at Dundalk and suggested this issue should be investigated.
The role of the inquiry was set out by the Oireachtas in 2005. It was to establish whether members of the Garda Síochána or other State employees had colluded in the shootings. In his first public statement, Mr Justice Smithwick declared that while “collusion” normally meant the commission of an act, he felt collusion should be considered in terms of an omission or failure to act ... or whether anyone ignored a matter, turned a blind eye or pretended ignorance of something one ought morally, legally or officially oppose.
On that basis, tribunal lawyers have interviewed hundreds of witnesses and inspected thousands of official files. They scored a significant success in interviewing former Provisional IRA members who had been directly involved in the murders. Other avenues of investigation remain active.
It was understandable that a cash-strapped Minister should ask Mr Justice Smithwick when his report would be completed. It was equally evident the judge did not expect his reply to form the basis for a Dáil motion of closure on his work. Since then, and following an exchange of forceful letters between the two men, Mr Shatter has conceded that an extension of time may be allowed by Government.
That is only proper. Important witnesses should be heard and evidence sifted in public. However, there is also a need to ensure that official inquiries into dubious allegations do not run on indefinitely.
Twenty-two years ago, both the RUC and the Garda Síochána formally dismissed such assertions. Unless the Smithwick Tribunal has uncovered material that challenges those denials, it should bring its work to an early conclusion. The public interest and a difficult fiscal situation demand no less.