User:Jnestorius/Public inquiries in Ireland
In the Republic of Ireland, a tribunal of inquiry is a tribunal established to produce findings of fact in relation to a matter of urgent public importance.[1] Typically, a tribunal is a response to a political scandal or controversy. Its proceedings use an inquisitorial system.[1] It produces a report for the Oireachtas, documenting its findings and making recommendations arising.
Legal procedure
[edit]A tribunal consists of one of more Members, typically lawyers or judges, one of whom is the chair.[1] The chair may be the sole member. Assessors, experts in the topic under review, may assist the members.[1] The Tribunal has powers equal to those of the High Court to order witnesses to appear and give evidence, and for the production of documents.[1] Witnesses and the tribunal itself can have legal counsel as at a trial. However, a tribunal is not a trial, and does not decide questions of justice.[1]
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. The terms of reference of the inquiry are given as part of the chair's Warrant of Appointment.
The primary legislation governing tribunals is the Tribunals of Inquiry (Evidence) Act 1921, passed by the Westminster Parliament prior to the 1922 creation of the Irish Free State. Subsequent amending Acts have been passed by the Oireachtas: in 1979,[2] 1997,[3] 1998 (twice),[4][5] 2002,[6] and 2004.[7]
Politics
[edit]In recent decades, the length of proceedings of individual tribunals has increased, as has the concomitant cost. On the one hand, there is a tendency for those outraged by a new scandal to demand a Tribunal of Inquiry to investigate it. On the other hand, there is resentment of the increased cost of proceedings. The expenses of the legal counsel retained by witnesses are often paid in whole or part by the state. After the Beef Tribunal ended, a common joke was that its unprecedented length and cost ought to be investigated by another Tribunal.
Alternatives to a Tribunal of Inquiry include:
- a non-statutory Parliamentary Inquiry, which is overseen by the Oireachtas but has lesser powers to compel witnesses to attend[1]
- a Commission of Investigation,[8] often established as a preliminary step and later replaced by a more powerful Tribunal
List
[edit]| Year(s) | Subject | Member(s) | Resolution(s) | Reports(s) | Type Tribunal, Commission, etc. |
| 1926 | Retail prices of articles in general consumption | ||||
| 1926 | Ports and Harbours | ||||
| 1928 | Shooting of Timothy Coughlin | ||||
| 1929 | Whether mixture of maize meal and maize products with home-grown cereals would be in the national interest | ||||
| 1930 | Marketing of butter | ||||
| 1933 | Pig production | ||||
| 1934 | Grading etc. of Fruit and Vegetables | ||||
| 1935 | Town Tenants | ||||
| 1936 | Pearse Street Fire | ||||
| 1938 | Public Transport | ||||
| 1943 | Fire at St. Josephs Orphanage, Cavan | ||||
| 1943 | Dealings in Great Southern Railway Stocks between 1 January 1943 and 18 November 1943 | ||||
| 1946 | Allegations concerning Parliamentary Secretary[citation needed] | ||||
| 1947 | Disposal of Distillery of John Locke and Co. Ltd., Kilbeggan | ||||
| 1957 | Cross Channel Freight Rates | ||||
| 1967 | Death of Liam O'Mahony in Garda custody | ||||
| 1969 | "7 Days" report on illegal moneylending | ||||
| 1975 | Allegations made in the Dáil against James Tully (Irish politician), then Minister For Local Government | ||||
| 1979 | Whiddy Island Disaster | Costello Inquiry | |||
| 1981 | Stardust Disaster | ||||
| 1984 | Kerry Babies Tribunal | ||||
| 1991 | Beef Industry | Liam Hamilton | |||
| 1997 | Payments to Politicians by Ben Dunne | McCracken Tribunal | |||
| 1996 | Hepatitis C | ||||
| 1997– | Payments to Politicians by Ben Dunne | Moriarty Tribunal | |||
| 1997– | Certain Planning Matters and Payments | The Mahon Tribunal | |||
| 1999 | infection of haemophiliacs with HIV and Hepatitis C from contaminated blood products. | Lindsay Tribunal | |||
| 2002–2006 | shooting of John Carthy in Abbeylara, County Longford | Barr Tribunal | Tribunal | ||
| 2002– | complaints concerning some Gardaí of the Donegal Division | Morris Tribunal | Tribunal | ||
| Dublin and Monaghan bombings | Patrick MacEntee | Commission of Investigation: Dublin and Monaghan Bombings 1974 | Commission | ||
| 2005 | clerical sexual abuse in the Catholic Diocese of Ferns | Ferns Report | |||
| 2000-2009 | child abuse at religious-run institutions | Ryan Report | |||
| Commission to Inquire into Child Abuse | Commission | ||||
| 2006-2009 | Sexual abuse scandal in Dublin archdiocese | Murphy Report |
References
[edit]- ^ a b c d e f g Tribunals of Inquiry Department of the Taoiseach
- ^ Tribunals of Inquiry (Evidence) (Amendment) Act, 1979 Irish Statute Book
- ^ Tribunals of Inquiry (Evidence) (Amendment) Act, 1997 Irish Statute Book
- ^ Tribunals of Inquiry (Evidence) (Amendment) Act, 1998 Irish Statute Book
- ^ Tribunals of Inquiry (Evidence) (Amendment) (No. 2) Act, 1998 Irish Statute Book
- ^ Tribunals of Inquiry (Evidence) (Amendment) Act, 2002 Irish Statute Book
- ^ Tribunals of Inquiry (Evidence) (Amendment) Act 2004 Irish Statute Book
- ^ Commissions of Investigation Act 2004 Irish Statute Book