Public inquiries in the Republic of Ireland

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 50%–85% of the cost of recent tribunals had been 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

Tribunals of inquiry since the foundation of the state in 1922[8]
Name Subject Member(s)[n 1] Dáil
resolution[n 2] 		Seanad
resolution[n 2] 		Ministerial order[n 3] Report laid[n 4] Cost[n 5]
Food Prices Tribunal Retail prices of "articles in general consumption" Samuel Lombard Brown, Joseph Johnston, John Busteed, Richard A. Butler, Máire Ní Chinnéide, Bryan Cooper, Thomas Farren, J. F. Maguire, Patrick Shaw[9] 16 December 1925 27 January 1926 £1,667[n 6][10]
Ports and Harbours Tribunal Ports and harbours H.B. O'Hanlon, C.H. O'Conor, Michael Keegan 19 January 1926 27 January 1926 12 May 1926 1930
Shooting of Timothy Coughlan George P. Cussen, Cyril Beatty, J. S. Troy[11] 15 February 1928 15 February 1928 14 April 1928[12]
Grain Inquiry Tribunal Whether mixture of maize meal and maize products with home-grown cereals would be in the national interest J.J. McElligott, Joseph Whelehan, J.H. Hinchcliff 27 November 1929 28 November 1929 29 November 1929 12 October 1931
Marketing of butter John Dulanty, John P. Colbert, Thomas Duggan, Michael B. McAuliffe, Patrick Vaughan[13] 30 April 1930 14 May 1930
Pig Industries Tribunal Promotion of pig production Henry J. O'Friel, Daniel Twomey, Joseph B. Whelehan, Patrick A. Rogan 5 May 1933 11 May 1933 18 May 1933 26 January 1934
Grading etc. of Fruit and Vegetables Henry J. O'Friel, Joseph B. Whelehan, Hugh Bradley 12 December 1934 19 December 1934 21 March 1935 14 September 1940
Town Tenants (Occupation Tenancies) Hardships in rented urban accommodation William Black, et al.[14] 13 December 1935 18 December 1935 1936[14] early in 1941[14]
Pearse Street fire Martin C Maguire, William Ian Bloomer, William Maguire 25 November 1936 N/A[n 7] 5 January 1937 15 September 1937 £622[15]
Public Transport Public transport Joseph Ingram 7 December 1938 7 December 1938 1939
Fire at St. Josephs Orphanage, Cavan Joseph A. McCarthy, James J. Comerford, Mary E. Hackett 3 March 1943 10 March 1943 25 March 1943 17 September 1943
Dealings in Great Southern Railways Stocks between 1/1/1943 and 18/11/1943 A.K. Overend, Cahir Davitt, Barra Ó Briain 24 November 1943 25 November 1943 1 December 1943 20 September 1944
Ward Tribunal Allegations by Patrick McCarvill against Conn Ward, Parliamentary Secretary to the Minister for Local Government and Public Health John O'Byrne, Kevin Haugh, William G. Shannon 5 June 1946 5 June 1946 7 June 1946 1946 £4,389[16]
Supply of milk for the Dublin sale district Martin C. Maguire, Robert A. O. O'Meara, William C. Kenny 30 November 1944 6 December 1944 1 March 1945 8 July 1947 £650[17]
Disposal of Locke's Distillery, Kilbeggan John O'Byrne, Kevin Haugh, Cahir Davitt 5 November 1947 6 November 1947 7 November 1947 20 December 1947
Cross Channel Freight Rates Shipping between Ireland and Great Britain Pádhraic Ó Slatarra, F. Vaughan Buckley, John J. Walsh 23 October 1957 13 November 1957 19 November 1957 12 June 1959 £2,989[18]
Pay of clerical-grade public servants Gerard Quinn, Edward J. Gray, Charles McCarthy, Cathal O'Shannon, Joseph S. Quigley 3 October 1965 10 October 1965 30 November 1965 25 May 1966
Death of Liam O'Mahony in Garda custody William FitzGerald, George D. Murnaghan, John Charles Conroy 18 July 1967 19 July 1967 19 July 1967 1 December 1967 £13,000[19]
Tribunal on Teacher's Salaries Teachers' salaries Louden Ryan, Ernest Benson, Maurice P. Cosgrave, L.M. Fitzgerald, Cathal O'Shannon 15 December 1967 23 May 1968
"Seven Days" Television programme on Illegal Moneylending Seán de Buitléir, A. Denis Pringle, Patrick O'T— 18 December 1969 17 December 1969 22 December 1969 5 August 1970
Allegations made in the Dáil by Bobby Molloy and Brendan Crinion against James Tully, the Minister For Local Government Séamus Henchy, Weldon R.C. Parke, John Charles Conroy 3 July 1975 4 July 1975 4 July 1975 1 August 1975
Costello Inquiry Whiddy Island Disaster Declan Costello 6 March 1979 6 March 1979 9 April 1979 26 July 1980
Fire at Stardust Club, Artane Ronan Keane 18 February 1981 19 February 1981 20 February 1981 12 November 1982
Kerry Babies Tribunal Kerry Babies case Kevin Lynch 11 December 1984 12 December 1984 13 December 1984 4 October 1985 £1.645m[20]
Beef Tribunal Beef Processing Industry Liam Hamilton[21] 24 May 1991 29 May 1991 31 May 1991 9 August 1994 €27.233m[22][23]
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 €4.57m[22][23]
McCracken Tribunal Alleged Payments by Dunnes Stores Brian McCracken 6 February 1997 6 February 1997 25 August 1997 €6.56m[22][23]
Moriarty Tribunal Payments by Ben Dunne to Charles Haughey and Michael Lowry Michael Moriarty 11 September 1997 18 September 1997 26 September 1997 December 2006 (Pt 1) March 2011 (Pt 2) €46.15m[n 8]
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 9] 8 October 1997 / 2 July 1998 / 5 July 2001 /

28 March 2002 / 4 July 2003 / 17 November 2004[n 9]

 4 November 1997 / 15 July 1998 / 24 October 2002 / 7 July 2003 / 3 December 2004[n 9][24] 22 March 2012 (Vol I-IV); 31 July 2013 (Vol V) €159m[n 10]
Lindsay Tribunal HIV and Hepatitis C infection of haemophiliacs Alison Lindsay 2 June 1999 2 June 1999 5 September 2002 €46.649m[22]
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 €20.7m[28]
Morris Tribunal concerning some Gardaí of the Donegal Division Frederick Morris 28 March 2002 28 March 2002 24 April 2002 June 2004–September 2008 (8 volumes) €70-72m[n 11][29]
Smithwick Tribunal whether Irish officials colluded in the murder of two RUC officers on 20 March 1989[30] Peter Smithwick 23 March 2005 24 March 2005 31 May 2005 3 December 2013 €12m[n 12][31]
Notes
  1. ↑ Where multiple members are listed, the first listed chaired the tribunal.
  2. 1 2 Date of resolution mandating establishment of Tribunal. External link is to the resolution debate.
  3. ↑ Date of order by minister, or by Governor-General until 1936, establishing tribunal.
  4. ↑ 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.
  5. ↑ Estimated or actual cost, generally excluding legal costs of third parties where not paid by the state.
  6. ↑ 1927 projection
  7. ↑ Seanad had been abolished
  8. ↑ Total up to August 2011; made up of €42.706m to the Tribunal itself and €3.444m in Department of Communications, Energy and Natural Resources legal costs.[22]
  9. 1 2 3 First date is of original resolution; later dates are of resolutions amending its terms of reference.
  10. ↑ September 2014 estimate.[25] A December 2014 Supreme Court decision may increase this by a further €36m,[26] though this is disputed.[27]
  11. ↑ 2011 projection
  12. ↑ 2013 projection

Other inquiries

Non-tribunal official inquiries, and subsequent reports, include:[32]

Bibliography

References

  1. ↑ Citizens Information Board 2009
  2. ↑ "Report on Public Inquiries Including Tribunals of Inquiry". Law Reform Commission. 30 May 2005. Retrieved 16 September 2014.
  3. ↑ "Commissions of Investigation Act 2004". Irish Statute Book. Retrieved 16 September 2014.
  4. ↑ "Commissions of Investigation Bill 2003: Second Stage.". Dáil Éireann debates. Oireachtas. 4 March 2004. Retrieved 16 September 2014.
  5. ↑ "Tribunals of Inquiry (Evidence) Act, 1921". Irish Statute Book. Retrieved 16 September 2014.
  6. ↑ "Another stinging attack on tribunal". Irish Examiner. 26 March 2011. Retrieved 16 September 2011.
  7. ↑ Comptroller and Auditor General, 2008, p.24 §2.16, fig 2.3
  8. ↑ "Tribunals of Inquiry". Government Legislation Programme. Department of the Taoiseach. Retrieved 28 January 2011.
  9. ↑ Johnston, Roy (1999). "1926 Prices Tribunal". Retrieved 20 September 2014.
  10. ↑ "Questions; Oral answers: Cost of tribunal on prices". Dáil Éireann debates. 3 November 1927. Retrieved 18 September 2014.
  11. ↑ ".". The Irish Law Times and Solicitors' Journal. J. Falconer. 62: 42. 1928.
  12. ↑ Doherty, Gabriel (Spring 1995). "'A Star Chamber affair': the death of Timothy Coughlan". History Ireland. 3 (1).
  13. ↑ Dept. of agriculture and technical instruction (1929). Annual General Report of the Department. Dublin. p. 18.
  14. 1 2 3 "Public Business. - Rent Restrictions Bill, 1944—Second Stage.". Dáil Éireann debates. 10 October 1945. Retrieved 21 September 2014.
  15. ↑ Pearse Street fire tribunal Report, p.5
  16. ↑ Dwyer, T. Ryle (4 July 2009). "Tribunals end up as corporate welfare for overpaid lawyers". Irish Examiner. Retrieved 18 September 2014.
  17. ↑ Milk Supply Tribunal, report p.2
  18. ↑ Cross Channel Freight Rates Tribunal report, p.2
  19. ↑ "Questions; Oral Answers: Departmental and semi-State Body Reports". Dáil Éireann debates. 17 February 1972. Retrieved 18 September 2014.
  20. ↑ "Written Answers: Kerry Babies Tribunal". Dáil Éireann debates. 16 December 1986. Retrieved 18 September 2014.
  21. ↑ Moloney, Eugene (28 November 2001). "£19m on and beef tribunal bills still pouring in". The Irish Independent. Retrieved 25 July 2011.
  22. 1 2 3 4 5 "Written Answers - Tribunals of Inquiry". Dáil Éireann debates. 11 October 2011. Retrieved 21 September 2014.
  23. 1 2 3 Comptroller and Auditor General, 2008, p.96 fig.A.3
  24. ↑ "Amended terms of reference". Mahon Tribunal. Retrieved 16 September 2014.
  25. ↑ O'Connell, Hugh (26 June 2014). "It turns out the Mahon Tribunal is going to cost less than was previously thought*". TheJournal.ie. Retrieved 18 September 2014.
  26. ↑ McConnell, Daniel (28 December 2014). "Tribunal fiasco: politicians and developers will be paid €100m". Irish Independent. Retrieved 17 January 2015. While the Government had expected to spend €64m on third-party legal costs, that figure could now top €100m, senior Government sources have conceded.
  27. ↑ Collins, Stephen. "Mahon tribunal apologises to former FF minister Ray Burke". The Irish Times. Retrieved 17 January 2015. In a statement on its website last week the chairman of the tribunal, Mr Justice Alan Mahon, said the estimate of €159 million for its total costs still stood, despite the outcome of the Redmond case.
  28. ↑ "Chapter 15: Lease of Accommodation for a Probation Service Project (Continued)". Committee of Public Accounts proceedings. Oireachtas. 21 March 2013. Retrieved 18 September 2014.
  29. ↑ "Ministerial briefing" (PDF). Department of Justice and Law Reform. March 2011. p. 9. Retrieved 18 September 2014.
  30. ↑ Irish Times, 7 June 2011; online text seen 25 Aug 2011
  31. ↑ "Smithwick Tribunal: Garda counsel criticises PSNI". BBC Online. 22 June 2013. Retrieved 18 September 2014.
  32. ↑ Comptroller and Auditor General, 2008, p.95 fig.A.1
  33. ↑ "RTÉ.ie". RTÉ.ie. 9 March 2005. Retrieved 25 July 2011.
  34. ↑ "2005 Ministerial comment in the Dáil". Historical-debates.oireachtas.ie. Retrieved 25 July 2011.
  35. ↑ "Baker-Tilly report". Scribd.com. Retrieved 25 July 2011.
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