Tithe An Oireachtas An Comhchoiste um Dhlí agus Ceart, Comhionnanas, Cosaint agus Cearta na mBan An Tuarascáil Deiridh maidir leis an Tuarascáil ón gCoimisiún Fiosrúcháin Neamhspleách faoi Bhuamáil Bhaile Átha Cliath agus Mhuineacháin Márta 2004 ______________________ Houses of the Oireachtas Joint Committee on Justice, Equality, Defence and Women’s Rights Final Report on the Report of the Independent Commission of Inquiry into the Dublin and Monaghan Bombings. March 2004 1 TABLE OF CONTENTS Chairman’s Preface Acknowledgements Chapter 1 Introduction and Victims’ Voices Introduction Victims’ Voices Biographical Details of the Victims of the Dublin and Monaghan Bombings Appendices Chapter 2 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. Introduction The findings of the Barron Report in relation to the Identity of the Perpetrators and the Issue of Collusion Adequacy of the Garda Investigation Missing Documentation in this Jurisdiction The Role and Response of the Government of the Day Composition of the Bombs Concerns highlighted by certain individuals regarding the Barron Report Chapter 3 The lessons to be drawn and any actions to be taken in the light of the Report, its findings and conclusions. Introduction The Government’s Role in Garda Investigations The Establishment of Cabinet Committees The Role of Forensic Science The Retention of Evidence The Retention of Documents Inter –Jurisdictional Cooperation 2 The Role of Non Governmental Organisations Peace and Reconciliation Process Adequate Support for Victims and their Families Chapter 4 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. Introduction Internal Issues which solely related to matters which could be resolved within this Jurisdiction External Issues relating to the identity of the Perpetrators and alleged Collusion. The Recommendations of the Sub-Committee whether there should be further investigations/ inquiry on the Identity of the perpetrators and on the issue of collusion. APPENDICES Appendix 1: The Orders of Reference of the Joint Committee Appendix 2: The Orders of Reference of the Sub-Committee Appendix 3: Procedures and Methodology. Appendix 4: The list of the members of the Joint Committee Appendix 5: The list of the members of the Sub-Committee Appendix 6: The text of the advertisement seeking submissions on the Barron Report. Appendix 7: The List of persons/ bodies to whom invitations were extended to make oral/ written submissions. Appendix 8: The List of persons/ bodies who lodged written submissions with the Sub-Committee Appendix 9: The List of persons/ bodies who made oral submissions to the Sub- Committee Appendix 10:The List of persons/ bodies from whom correspondence was received by the Sub-Committee 3 Appendix 11: Copy of letter of instruction sent to Mr. Justice Peter Cory together with relevant portion of Weston Park protocol Appendix 12: Letter dated 26 March 2004 received from Mr. Peter Ryan, Assistant Secretary to the Government Appendix 13: Letter dated 6 February 2004 received from Mr. Paul Murphy, Secretary of State for Northern Ireland 4 Chairman’s Preface At the outset, the Sub-Committee wishes to commence this Report by expressing again its deepest sympathy with the victims and relatives of the victims of the Dublin and Monaghan bombings of 17th May 1974. The “Dublin and 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 Church Square, Monaghan, on 17 May, 19741 In human terms the true cost of these atrocities is incalculable. The Sub-Committee wishes to acknowledge the enormous suffering endured by both the victims and their families, which in many cases is still ongoing. We accept as a Sub-Committee that this on-going suffering is accentuated by the lack of closure, the failure to bring the perpetrators to justice and the ongoing suspicions of collusion. It is hoped that the publication of both the Barron Report and this Report will go some way towards alleviating the distress these individuals have suffered over the years. We acknowledge the sense of isolation that the victims and families have experienced due to the perceived inactivity on the part of successive Governments over the years in relation to the matter until Mr. Bertie Ahern, T.D. as Taoiseach took action in 1999. As Ms Alice O’Brien told the Sub-Committee: “It was 25 years after the bombings before a Taoiseach would agree to meet the families and survivors. We met Mr. Ahern in 1999, which started the process, which resulted in the Barron Inquiry. After 4 years of assessment we now have Judge Barron’s Report.” At the outset of this Report, it is important to recall the words of Mr. Justice Henry Barron in his statement to the Oireachtas on the 10th December last where he stated: “The Dublin and Monaghan bombings of 17th May 1974 remain the most devastating attack on the civilian population of this State to have taken place since the “Troubles” began.” A total of thirty-four people, including one pregnant woman, plus one stillborn child, died as a result of the explosions. Many more were injured. We have heard submissions made by some of the victims and their relatives. They will not be forgotten. Some insight into the nature of the atrocities, which were perpetrated on the streets of Dublin and Monaghan, may be gleaned from the following report of the Talbot Street bomb that appeared in the Irish Press the following day: 1 The original orders of reference assigned to Mr. Justice Liam Hamilton referred to North Street, but the bomb in fact occurred outside Greacen’s Bar, Church Square, Monaghan. 5 “Seconds after the blasts, as the pall of smoke rose from the streets, dazed survivors saw the normal home-going rush of people turned into a scene of carnage. There were bodies, some limbless, some blasted beyond recognition, some burned, lying on the pavements. Scores of others badly injured and many knocked out by the blast or shocked by the impact were hurled into windows and side streets. For some time it was impossible to distinguish between the dead and the injured.” It is very important that the Oireachtas can and does enquire into matters of great public interest, such as the Dublin and Monaghan bombings. It is important also, that the central characters are heard in the Oireachtas, which is the primary seat of democracy and the centre of public representation in Ireland. We believe that the Oireachtas is an appropriate forum where efforts should be made to find the truth at the heart of matters of great concern. We have been elected by the people and as such we must act as their public representatives in matters of public importance. The Oireachtas is a unique forum which is widely recognised and reported on by the media, and in which an informed citizen’s approach can be taken in respect of hearing, examining and enquiring into important public matters, albeit with legal and procedural advice. As I have indicated previously, we hope that the hearings combined with the Report has moved this process forward, with a view to bringing finality to the families and to the victims of these atrocities. The Committee is indebted to Hugh Mohan S.C. and Paul Anthony McDermott B.L. for their pro-active role in advising and assisting the Committee. The Committee is greatly indebted to Mairéad McCabe, Clerk to the Committee, for her dedication and commitment to the work of the Committee over the period. Credit is also due to the many persons on the staff of the Oireachtas who have spent long hours on the organisation and secretarial backup to whom we are very grateful. The Joint Committee on Justice, Equality, Defence and Women’s Rights hereby adopts as a report of the Joint Committee, the Report of the Sub-Committee on the Barron Report in accordance with the resolutions of Dáil Éireann and of Seanad Éireann dated 17 December 2003. In adopting the report of the Sub-Committee, the Joint Committee wishes to emphasise that all views expressed by the Sub-Committee in the report and all conclusions drawn and recommendations made therein are those of the Joint Committee. We commend this report to the Houses of the Oireachtas. Signed __________________________ Mr. Sean Ardagh T.D., Chairman of the Joint Committee on Justice, Equality, Defence and Women's Rights. 31 March 2004. 6 Chapter One Introduction and Victims’ Voices INTRODUCTION. By Motions of Referral by Dáil Éireann and Seanad Éireann dated 10th December, 2003, both Houses of the Oireachtas requested 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 in to the Dublin and Monaghan Bombings and to report back to both Houses within three months concerning: (i) 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. (ii) the lessons to be drawn and any actions to be taken in the light of the Report, its findings and conclusions. (iii) 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. These are the circumstances, which led the Joint Committee to establish the Sub- Committee on the Barron Report.