List of public inquiries in the Republic of Ireland: Difference between revisions
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| [[Barr Tribunal]] || shooting of [[John Carthy]] in [[Abbeylara]], [[County Longford]] on 20 April 2000 || Robert Barr |
| [[Barr Tribunal]] || shooting of [[John Carthy]] in [[Abbeylara]], [[County Longford]] on 20 April 2000 || Robert Barr |
Revision as of 20:58, 16 September 2014
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In Ireland, there are several kinds of public inquiry. A Tribunal of Inquiry, often simply called a tribunal, is a powerful type of statutory inquiry whose procedures are governed by the Tribunals of Inquiry (Evidence) Act 1921 as amended.[1] An Oireachtas inquiry is a less powerful non-statutory inquiry controlled directly by the Oireachtas (parliament). A 2013 proposal to strengthen the power of Oireachtas inquiries was defeated at a referendum. The Law Reform Commission published a report in 2005 examining the operation of public inquiries and recommending changes.[2] A Commission of Investigation is a different form of inquiry, with evidence generally given in private; provided by the Commissions of Investigation Act 2004 to address scandals relating to medical care and child abuse.[3][4]
Tribunals of inquiry
Tribunals have been held to address many political controversies, increasing in frequency since the Beef Tribunal of the early 1990s. While they have been the subject of many dramatic revelations in Irish politics, they have also become known for running long beyond their intended length – the extreme case being the Mahon Tribunal (previously the Flood Tribunal) which began in 1997 and issued its final report in 2013.
The Tribunals of Inquiry (Evidence) Act, 1921 was enacted by the United Kingdom of Great Britain and Ireland before the setting up of the Irish Free State and as such remains in the Republic of Ireland.[5] It has, however, been amended since by several Acts of the Oireachtas. The chair of the inquiry is mandated by the Oireachtas (following resolutions in both the Dáil and the Seanad) to carry out the inquiry into matters of urgent public importance by a Warrant of Appointment. The terms of reference of the inquiry are given as part of that warrant.
Tribunals of Inquiry are established by the Oireachtas where the evidence of malfeasance might not be enough to secure a criminal conviction, but where public policy requires answers. Critics of the system say that tribunals: are relatively toothless; may give witnesses immunity that they would not obtain from a court; allow legal representation to all parties, resulting in a higher final cost to the State than the cost of the original malfeasance; and that they can delay difficult political decisions.[6] The Comptroller and Auditor General published a report in 2008 into the cost of Tribunals of Inquiry and making recommendations. It noted that most of the cost of a tribunal was in legal fees for third parties, as distinct from administration and the tribunal's own legal fees.[7]
Tribunals of Inquiry are invested with the powers, privileges and rights of the High Court. It is not a function of a Tribunal to administer justice; their work is solely inquisitorial. Tribunals are required to report their findings to the Oireachtas. They have the power to enforce the attendance and examination of witnesses and the production of relevant documents. Tribunals may consist of one or more persons, though the practise has been to appoint a Sole Member. Tribunals may sit with or without Assessors (who are not Tribunal members). Sittings are usually held in public but can, at the Tribunal's discretion, be held in private.
List
The following is a list:[8]
Name | Subject | Member(s) | Dáil resolution[n 1] |
Seanad resolution[n 1] |
Ministerial order[n 2] | Report laid[n 3] |
---|---|---|---|---|---|---|
Retail prices of "articles in general consumption" (food) | 16 December 1925 | 27 January 1926 | ||||
Ports and Harbours | 19 January 1926 | 27 January 1927 | ||||
Shooting of Timothy Coughlan | 15 February 1928 | 15 February 1928 | ||||
Whether mixture of maize meal and maize products with home-grown cereals would be in the national interest | 27 November 1929 | 28 November 1929 | 12 October 1931 | |||
Marketing of butter | 30 April 1930 | 14 May 1930 | ||||
Promotion of pig production | 5 May 1933 | 11 May 1933 | 18 May 1933 | 26 January 1934 | ||
Grading etc. of Fruit and Vegetables | 12 December 1934 | 19 December 1934 | 14 September 1940 | |||
Town Tenants | 13 December 1935 | 18 December 1935 | ||||
Pearse Street fire | 25 November 1936 | N/A[n 4] | 15 September 1937 | |||
Public Transport | 7 December 1938 | 7 December 1938 | ||||
Fire at St. Josephs Orphanage, Cavan | 3 March 1943 | 10 March 1943 | 17 September 1943 | |||
Dealings in Great Southern Railways Stocks between 1/1/1943 and 18/11/1943 | 24 November 1943 | 25 November 1943 | 20 September 1944 | |||
Allegations by Patrick McCarvill against Conn Ward, Parliamentary Secretary to the Minister for Local Government and Public Health | 5 June 1946 | 5 June 1946 | ||||
Disposal of Distillery of John Locke and Co. Ltd., Kilbeggan | 6 November 1947 | 5 November 1947 | 20 December 1947 | |||
Cross Channel Freight Rates | 23 October 1957 | 13 November 1957 | 12 June 1959 | |||
Pay of clerical-grade public servants | 3 October 1965 | 10 October 1965 | 30 November 1965 | 25 May 1966 | ||
Death of Liam O'Mahony in Garda custody | 18 July 1967 | 19 July 1967 | 1 December 1967 | |||
"Seven Days" Television programme on Illegal Moneylending | December 1969 | December 1969 | December 1969 | 19 August 1970 | ||
Allegations made by two Members in the Dáil against the Minister For Local Government James Tully | 3 July 1975 | 4 July 1975 | 4 July 1975 | |||
Costello Inquiry | Whiddy Island Disaster | 6 March 1979 | 6 March 1979 | 9 April 1979 | ||
Fire at Stardust Club, Artane | 18 February 1981 | 19 February 1981 | 20 February 1981 | 12 November 1982 | ||
Kerry Babies Tribunal | "Kerry Babies" case | 11 December 1984 | 12 December 1984 | 13 December 1984 | 4 October 1985 | |
Beef Tribunal | Beef Processing Industry | Liam Hamilton[9] | 24 May 1991 | 29 May 1991 | 31 May 1991 | 9 August 1994 |
Finlay Tribunal | Hepatitis C infection of pregnant women from Rho(D) immune globulin | Thomas Finlay | 17 October 1996 | 17 October 1996 | 24 October 1996 | 11 March 1997 |
McCracken Tribunal | Alleged Payments by Dunnes Stores | Brian McCracken | 6 February 1997 | 6 February 1997 | 25 August 1997 | |
Moriarty Tribunal | Payments by Ben Dunne to Charles Haughey and Michael Lowry | Michael Moriarty | 11 September 1997 | 18 September 1997 | 26 September 1997 | |
Mahon Tribunal | Planning matters (including rezoning by Dublin local authorities) | Alan Mahon, with Mary Faherty and Gerald Keys; prev Feargus Flood | 7 October 1997 / 1 July 1998 / 5 July 2001 / 28 March 2002 / 3 July 2003 / 17 November 2004[n 5] | 8 October 1997 / 2 July 1998 / 5 July 2001 / | 4 November 1997 / 15 July 1998 / 24 October 2002 / 7 July 2003 / 3 December 2004[n 5][10] | 22 March 2012 (Vol I-IV); 31 July 2013 (Vol V) |
Lindsay Tribunal | HIV and Hepatitis C infection of haemophiliacs | 2 June 1999 | 2 June 1999 | 5 September 2002 | ||
Barr Tribunal | shooting of John Carthy in Abbeylara, County Longford on 20 April 2000 | Robert Barr | 17 April 2002 | 18 April 2002 | 1 July 2002 | 20 September 2006 |
Morris Tribunal | concerning some Gardaí of the Donegal Division | 28 March 2002 | 28 March 2002 | 24 April 2002 | June 2004–September 2008 (8 volumes) | |
Smithwick Tribunal | whether Irish officials colluded in the murder of two RUC officers on 20 March 1989[11] | Peter Smithwick | 23 March 2005 | 24 March 2005 | 31 May 2005 | 3 December 2013 |
- Notes
- ^ a b Date of resolution mandating establishment of Tribunal. External link is to the resolution debate.
- ^ Date of order by minister, or by Governor-General until 1936, establishing tribunal.
- ^ Date report was laid before the houses of the Oireachtas. External link is to the report: either an official webpage or a PDF scan from the Oireachtas library.
- ^ Seanad had been abolished
- ^ a b c First date is of original resolution; later dates are of resolutions amending its terms of reference.
Other inquiries
Non-tribunal official inquiries, and subsequent reports, include:[7]
- 2005–ongoing: Commission of Investigation: Dublin and Monaghan Bombings 1974 (Sole Member: Patrick MacEntee)
- 2005: the Travers Report into overcharging of fees at some nursing homes. Between refundable fees and legal costs the Tribunal's findings would cost €500 million.[12][13]
- 2005: the Ferns Report on clerical sexual abuse in the Irish Catholic Diocese of Ferns, County Wexford
- 2008: the Baker-Tilly Report into procurement practices at Córas Iompair Éireann[14]
- 2000–2009 The Ryan Report (CICA) on child abuse at religiously run institutions
- 2006–2009: The Murphy Report on the Sexual abuse scandal in Dublin archdiocese
References
- ^ "Tribunals of Inquiry". Citizens Information. Citizens Information Board. Retrieved 28 January 2011.
- ^ "Report on Public Inquiries Including Tribunals of Inquiry". Law Reform Commission. 30 May 2005. Retrieved 16 September 2014.
and Report on Public Inquiries including Tribunals of Inquiry (PDF). Law Reform Commission Reports. Vol. LRC 73-2005. Dublin: Law Reform Commission. 2005. - ^ "Commissions of Investigation Act 2004". Irish Statute Book. Retrieved 16 September 2014.
- ^ "Commissions of Investigation Bill 2003: Second Stage". Dáil Eireann debates. Oireachtas. 4 March 2004. Retrieved 16 September 2014.
- ^ "Tribunals of Inquiry (Evidence) Act, 1921". Irish Statute Book. Retrieved 16 September 2014.
- ^ "Another stinging attack on tribunal". Irish Examiner. 26 March 2011. Retrieved 16 September 2011.
- ^ a b "Special Report: Tribunals of Inquiry" (PDF). Comptroller and Auditor General. December 2008. Retrieved 16 September 2014.
- ^ "Tribunals of Inquiry". Government Legislation Programme. Department of the Taoiseach. Retrieved 28 January 2011.
- ^ Moloney, Eugene (28 November 2001). "£19m on and beef tribunal bills still pouring in". The Irish Independent. Retrieved 25 July 2011.
- ^ "Amended terms of reference". Mahon Tribunal. Retrieved 16 September 2014.
- ^ Irish Times, 7 June 2011; online text seen 25 Aug 2011
- ^ "RTE.ie". RTE.ie. 9 March 2005. Retrieved 25 July 2011.
- ^ "2005 Ministerial comment in the Dáil". Historical-debates.oireachtas.ie. Retrieved 25 July 2011.
- ^ "Baker-Tilly report". Scribd.com. Retrieved 25 July 2011.