Irish Republican News · December 12, 2003
[Irish Republican News]

[Irish Republican News]
IRISH REPUBLICAN NEWS: Terms of reference of a public inquiry
Terms of reference of a public inquiry
The Justice for the Forgotten Committee has made the following proposals for a public inquiry in advance of the publication of the interim report by Justice Henry Barron this week.

 

In a case such as this, there is considerable scope as to how terms of reference might be drafted.   In essence, the appropriate terms chosen should embrace a consideration of a range of relevant matters.

We submit that the following are a range of matters, which are relevant to a Public Tribunal of Inquiry.

(a)  A legal analysis and review of:

  • The criminal offences arising from the murders in Dublin and Monaghan and associated events in Northern Ireland and the range of charges that could have been the subject matter of prosecutions in both this jurisdiction and Northern Ireland.
  • The legal obligations of the Garda S?h? and the Royal Ulster Constabulary to conduct criminal investigations into matters associated with Dublin and Monaghan bombings, whether pursuant to relevant Domestic Law or International Treaty.
  • The legal advice received by the Garda S?h? in relation to the above matters.

 

(b)A review of relevant matters which preceded the bombings, including:

  • The security arrangements along the border at that time.
  • The nature of the security alert issued to Dublin traders on the 15 May 1974.
  • The arrangements between Garda?n d the RUC for the exchange of details of stolen cars and the system of internal communications concerning same within the Garda S?h?.
  • The nature of security intelligence being gathered at that time.
  • The nature of security intelligence being exchanged across the border at that time.

 

(c)  A review of the Criminal Investigation, including:

An examination of the methodology and management of:

  •     the Garda investigations;
  •     the forensic investigations;
  •     the ordnance investigations.

An examination of the nature and extent of evidence gathered:

  •     in this State;
  •     in Northern Ireland.

A profile of suspects identified including:

  •     geographic base;
  •     political affiliation;
  •     connection with security services.

An assessment of the nature and extent of inquiries conducted in relation to identified suspects residing in Northern Ireland, including:

  •     The extent to which the powers available under the Northern Ireland (Emergency Provisions) Act 1973 were utilised by the RUC.
  •     The extent to which the powers later available under the Prevention of Terrorism (Temporary Provisions) Act 1974 were utilised within the United Kingdom.

  (d)  A Review of Matters arising from the Garda Investigation, including:

  •     A review of Garda Investigation Reports, including preliminary, progress and final reports, prepared for and / or submitted to any Department of State or to the Government or any member thereof.
  •     A review of any Security Reports or Assessments prepared for and / or submitted to any Department of State or to the Government or any member thereof.
  •     An examination of allegations that the Garda Inquiry was impeded and / or frustrated by inactivity on the part of the R.U.C.
  •     A review of the response by any Department of State and / or Government or any member thereof concerning any alleged difficulties in progressing the inquiry.

 

(e)  A review of the treatment of issues relevant to the Dublin and Monaghan bombings in recent years, including:

  •     An examination of the nature and extent of the review conducted by the Department of Justice into matters raised by the 'Hidden Hand' documentary.
  •     An examination of the issues raised by the 'Hidden Hand' and 'Friendly Forces' documentaries concerning the Dublin and Monaghan bombings.

© 2003 Irish Republican News