STATUTORY INSTRUMENTS

S.I No. 222 of 2005

Commission of Investigation (Dublin and Monaghan Bombings) Order 2005

S.I. No. 222 of 2005

Commission of Investigation (Dublin and Monaghan Bombings) Order 2005

WHEREAS pursuant to section 3 (1) of the Commissions of Investigation Act 2004 (No. 23 of 2004) the Taoiseach made a proposal to the Government, with the approval of the Minister for Finance, for the establishment of a commission under that Act to investigate a matter specified by the Taoiseach;

AND WHEREAS the Government by decision made on 26 April 2005 considered the matter so specified to be of significant public concern as to warrant the making of an order and establishment of a commission under that section;

AND WHEREAS a draft of the following Order has been laid before the Houses of the Oireachtas, together with a statement of the reasons for establishing the commission, and a resolution approving of the draft has been passed by each such House;

NOW, the Government, in exercise of the powers conferred on them by section 3(1) of the Commissions of Investigation Act 2004 , hereby order as follows:

1.         This Order may be cited as the Commission of Investigation (Dublin and Monaghan Bombings) Order 2005.

2.         (1)       A Commission of Investigation is hereby established to investigate and make a report on the following specific matters considered by the Government to be of significant public concern in relation to bombings in Dublin and Monaghan on 17 May 1974:

a.   why the investigation by an Garda Siochána into the Dublin and Monaghan bombings was wound down in 1974;

b.   why an Garda Siochána did not follow up on the following leads:

i.     information that a white van with an English registration plate was parked outside the Department of Posts and Telegraphs on Portland Row and was later seen parked in the deep sea area of the B & I ferry port in Dublin, and the subsequent contact made with a British Army officer on a ferry boat leaving that port;

ii.    information relating to a man who stayed in the Four Courts Hotel between 15 and 17 May 1974 and his contacts with the UVF;

iii.   information concerning a British Army corporal allegedly sighted in Dublin at the time of the bombings;

and

c.   in relation to the missing documentation:

i.     the exact documentation (Departmental, Garda, intelligence and any other documentation of relevance) that is unaccounted for;

ii.    the reasons explaining the missing documentation;

iii.   whether the missing documentation can be located; and

iv.   whether the systems currently in place are adequate to prevent a re-occurrence.

(2)        A statement of reasons for establishing a Commission of Investigation is set out in the Schedule to this Order.

3.     The Taoiseach is specified as the Minister responsible for overseeing administrative matters relating to the establishment of the Commission, for receiving its reports, and for performing any other functions given to him under the Commissions of Investigation Act 2004 .

SCHEDULE

Statement of reasons for establishing a Commission of Investigation

Following its consideration by the Government on 2 December 2003, the Report of the Independent Commission of Inquiry into the Dublin and Monaghan Bombings was referred by Motion of Dáil Éireann and Seanad Éireann on 10 December, 2003 to the Joint Committee on Justice, Equality, Defence and Women's Rights.

In his Report and in accordance with his terms of reference, Judge Barron drew conclusions in relation to the Garda investigation of the bombings and the missing documentation.

In addition to considering Judge Barron's Report, the Oireachtas Sub-Committee received oral and written submissions. Following assessment of all the evidence the Sub-Committee recommended that an Inquiry with statutory powers should be established to investigate the following sole issues:

1.           why was the Garda investigation into the Dublin and Monaghan bombings wound down in 1974

2.           why did the Gardaí not follow-up on the following leads:

i.          information that a white van with an English registration plate, was parked outside the Department of Posts and Telegraphs on Portland Row and was later seen parked in the deep sea area of the B & I ferry port in Dublin, and the subsequent contact made with a British Army officer on a ferry boat leaving that port;

ii.          information relating to a man who stayed in the Four Courts Hotel between 15 and 17 May 1974 and his contacts with the UVF;

iii.         information concerning a British Army corporal allegedly sighted in Dublin at the time of the bombings.

In relation to the missing documentation, the Sub-Committee recommended that an investigation be established which can categorically determine:

i.           the exact documentation (Departmental, Garda, intelligence and any other documentation of relevance) that is unaccounted for;

ii.          the reasons explaining the missing documentation;

iii.         whether the missing documentation can be located; and

iv.         whether the systems currently in place are adequate to prevent a re-occurrence.

The Sub-Committee suggested that the Inquiry should have the benefit of the work undertaken by the internal Garda investigation and should be able to conclude its work in a relatively short timeframe.

The Sub-Committee recommended that a Commission of Investigation was the ideal way to deal with the issues pertaining to this jurisdiction. The Sub-Committee also recommended that the terms of reference of the Commission of Investigation be as clear and well-defined as possible.

At its meeting on 14 July 2004, the Government noted the Final Report of the Joint Committee on Justice, Equality, Defence and Women's Rights and agreed, in principle, the recommendations of the Sub-Committee to the establishment of a Commission of Investigation with appropriate terms of reference in line with the Sub-Committee's recommendations, to examine the Garda investigation and missing documentation.

At its meeting on 14 December 2004 the Government agreed the processes including the draft Order and Statement of reasons for establishment of the Commission as defined in the Commissions of Investigation Act 2004 .