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The Dublin and Monaghan Bombings

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The Dublin and Monaghan Bombings Tithe an Oireachtais An Comhchoiste um Dhlí agus Ceart, Comhionannas, Cosaint agus Cearta na mBan Tuarascáil Eatramhach maidir leis an Tuarascáil ón gCoimisiún Fiosrúcháin Neamhspleách faoi Bhuamáil Bhaile Átha Cliath agus Mhuineacháin Nollaig 2003 _________________________ Houses of the Oireachtas Joint Committee on Justice, Equality, Defence and Women’s Rights Interim Report on the Report of the Independent Commission of Inquiry into the Dublin and Monaghan Bombings December 2003 Joint Committee on Justice, Equality, Defence and Women’s Rights Interim Report on the Report of the Independent Commission of Inquiry into the Dublin and Monaghan Bombings CONTENTS Interim Report Pages 1 to 3 Appendices A. Orders of Reference and Powers of Joint Committee B. Membership of Joint Committee. C. Motions of the Dáil and Seanad D. Mr Justice Barron’s Statement to the Oireachtas Committee E. The Report of the Independent Commission of Inquiry into the Dublin and Monaghan bombings Joint Committee on Justice, Equality, Defence and Women’s Rights Interim Report on the Report of the Independent Commission of Inquiry into the Dublin and Monaghan Bombings The Joint Committee on Justice, Equality, Defence and Women’s Rights wishes to express it’s deepest sympathy with the victims and relatives of the victims of the Dublin and Monaghan bombings of 1974. As has been stated by Mr Justice Henry Barron, “the true cost of these atrocities in human terms is incalculable. In addition to the loss of innocent lives, hundreds more were scarred by physical and emotional injuries. The full story of suffering will never be known and it is ongoing in many cases. There are those who to this day are marked by injuries and illnesses caused by the bombings.” On 19 December 1999, the Taoiseach Bertie Ahern T.D., announced the appointment of Mr. Justice Liam Hamilton to undertake a thorough examination, involving fact finding and assessment of all aspects of the Dublin, Monaghan and Dundalk bombings in 1974. The terms of reference were agreed on 15 February 2000, and were as follows: ‘ To undertake a thorough examination, involving fact finding and assessment, of all aspects of the Dublin/ Monaghan bombings and their sequel, including - the facts, circumstances, causes and perpetrators of the bombings; - the nature, adequacy and extent of the Garda investigation, including the co- operation with and from the relevant authorities in Northern Ireland and the handling of evidence, including the scientific analyses of forensic evidence; - the reasons why no prosecution took place, including whether and if so, by whom and to what extent the investigations were impeded; and - the issues raised by the Hidden Hand T.V. documentary broadcast in 1993. The ‘Dublin/Monaghan bombings’ refer to - the bomb explosions that took place in Parnell Street, Talbot Street, and South Leinster Street, Dublin, on 17 May, 1974 - the bomb explosion that took place in North Street, Monaghan, on 17 May, 1974.’ The results of the examination by Mr Justice Hamilton [who was succeeded by Mr Justice Henry Barron] were to be presented to the Government, to be followed by an examination of the report in public session by the Joint Committee on Justice, Equality, Defence and Women’s Rights, or a sub-Committee of that Committee. It was also envisaged that the Joint Committee would advise the Oireachtas as to what further action, if any, would be necessary to establish the truth of what happened. The establishment of the Independent Commission of Inquiry was a genuine attempt to respond to the legitimate needs and concerns of those injured or bereaved as a result of the bombings and to move towards closure for people who had suffered too long. By a Motion of referral by Dáil Éireann and Seanad Éireann, on Wednedsay 10 December, 2003, and in accordance with its Orders of Reference, the Joint Committee on Justice, Equality, Defence and Women’s Rights, hereinafter called ‘the Committee’, has received the report by Mr. Justice Barron on his investigation into the 1974 Dublin and Monaghan bombings entitled ‘Report of the Independent Commission of Inquiry into the Dublin and Monaghan Bombings ’ for consideration. The text of the Motion is as follows: ‘That Dáil Éireann requests the Joint Committee on Justice, Equality, Defence and Women’s Rights, or a sub-Committee thereof, to consider, including in public session, the Report of the Independent Commission of Inquiry into the Dublin and Monaghan bombings, and to report back to Dáil Éireann within three months concerning: - whether the Report of the Independent Commission of Inquiry into the Dublin and Monaghan bombings of 1974 addresses all of the issues covered in the terms of reference of the Inquiry. - the lessons to be drawn and any actions to be taken in the light of the Report, its findings and conclusions. - whether, having regard to the Report’s findings, and following consultations with the Inquiry, a further public inquiry into any aspect of the Report would be required or fruitful. Provided that the Committee may accept, including in public session, submissions on the Report from interested persons and bodies.’ The Motion of Referral by Seanad Éireann was worded in a similar manner to the Motion of Referral by Dáil Éireann The Committee met in private session with Mr Barron on Wednesday, 10 December 2003, to consider the matter. It has considered the report in some detail and has annexed it to this Interim Report for submission to the Houses of the Oireachtas in the public interest, for the purpose of facilitating the Committee in such further action as it deems appropriate, and in conducting hearings, as it deems necessary. The Joint Committee has decided to establish a Sub-Committee to consider, including in public session, the Report of the Independent Commission of Inquiry into the Dublin and Monaghan bombings, and to report back to the Joint Committee concerning the following matters: - whether the Report of the Independent Commission of Inquiry into the Dublin and Monaghan bombings of 1974 addresses covered in the terms of reference of the Inquiry. - the lessons to be drawn and any actions to be taken in the light of the Report, its findings and conclusions. - whether, having regard to the Report’s findings, and following consultations with the Inquiry, a further public inquiry into any aspect of the Report would be required or fruitful. Provided that the Sub-Committee and the Joint Committee, may accept, including in public session, submissions on the Report from interested persons and bodies. The Joint Committee has also decided to: - publish an Interim Report annexing the text of the report of the Independent Commission of Inquiry into the Dublin and Monaghan bombings: - that submissions, both written and oral, will be sought from interested persons and bodies: - that a series of hearings will be held, in public session, to commence in January 2004: and - that the Sub-Committee will in due course, submit a report to the Joint Committee which will, in accordance with the terms of the Motion of Referral, report back to the Houses within three months. The Joint Committee has agreed a deadline of 9 January 2004, for receipt of submissions, which it intends to examine to assist it in its deliberations during the hearings. The report of the Committee to both Houses, will detail the submissions received, the hearings held, and such comments, recommendations or conclusions as the Committee may decide to make, and the said report will be published. ____________________________ Séan Ardagh, T.D. Chairperson. 10th December 2003. Appendix A JOINT COMMITTEE ON JUSTICE, EQUALITY, DEFENCE AND WOMEN’S RIGHTS. ORDERS OF REFERENCE. Dáil Éireann on 16 October 2002 ordered: “(1) (a) That a Select Committee, which shall be called the Select Committee on Justice, Equality, Defence and Women’s Rights, consisting of 11 Members of Dáil Éireann (of whom 4 shall constitute a quorum), be appointed to consider - (i) such Bills the statute law in respect of which is dealt with by the Department of Justice, Equality and Law Reform and the Department of Defence; (ii) such Estimates for Public Services within the aegis of the Department of Justice, Equality and Law Reform and the Department of Defence; and (iii) such proposals contained in any motion, including any motion within the meaning of Standing Order 157 concerning the approval by the Dáil of international agreements involving a charge on public funds, as shall be referred to it by Dáil Éireann from time to time. (b) For the purpose of its consideration of Bills and proposals under paragraphs (1)(a)(i) and (iii), the Select Committee shall have the powers defined in Standing Order 81(1), (2) and (3). (c) For the avoidance of doubt, by virtue of his or her ex officio membership of the Select Committee in accordance with Standing Order 90(1), the Minister for Justice, Equality and Law Reform and the Minister for Defence (or a Minister or Minister of State nominated in his or her stead) shall be entitled to vote. (2) (a) The Select Committee shall be joined with a Select Committee to be appointed by Seanad Éireann to form the Joint Committee on Justice, Equality, Defence and Women’s Rights to consider- (i) such public affairs administered by the Department of Justice, Equality and Law Reform and the Department of Defence as it may select, including, in respect of Government policy, bodies under the aegis of those Departments; (ii) such matters of policy for which the Minister for Justice, Equality and Law Reform
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