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October 1999:
RESPONSE
TO REMARKS MADE BY AN TAOISEACH IN DÁIL ÉIREANN IN
REPLY TO DÁIL QUESTIONS ON THE 29TH SEPTEMBER 1999.
- Justice for the
Forgotten wishes to take this opportunity to clarify certain matters
arising from replies given by An Taoiseach, Mr. Bertie Ahern T.D. to
questions asked of him in Dail Eireann touching the work of the Inter-Departmental
Committee and the Committee of Justice for the Forgotten in seeking
to establish a case for a public judicial tribunal of inquiry into the
Dublin and Monaghan bombings.
- It was always accepted
that the work and deliberations of the Inter- Departmental Committee
and the sub-committee of Justice for the Forgotten would be carried
on, if not under a cloak of confidentiality, at least with discretion
and with the avoidance of public comment on the joint deliberations,
save where absolutely necessary.
- Justice for the
Forgotten is dismayed that it is obliged to correct publicly statements
made by An Taoiseach, who must have been misinformed, concerning the
present circumstances obtaining between Justice for the Forgotten and
the Inter-Departmental Committee.
- An Taoiseach told
Dail Eireann that he did not think that the victims or their legal representatives
disagreed with the view expressed by Commissioner Wilson that the issues
pertinent to a public inquiry should be examined privately. On the contrary,
Justice for the Forgotten and it's legal representatives have been adamant
in opposition to such a suggestion. In the same statement, the Taoiseach
indicated that the Inter- Departmental Committee had been working with
the victims and their legal representatives to try to establish an inquiry.
This is not accurate.
- Our sub-committee
were informed by the Inter-Departmental Committee that it was precluded
by Government decision from embarking upon that very work as it was
an emerging view in the Government that this work should be given over
to the Judicial Personage who was recommended by John Wilson to conduct
a private inquiry into the substantive issues of the bombings.
- Again, Justice
for the Forgotten were forthright in their opposition to this proposal.
- In a supplemental
reply in Dail Eireann on September 29th, the Taoiseach indicated that
documents had been passed over to the Inter-Departmental group. This
fact was never disclosed to Justice for the Forgotten. In this reply,
the Taoiseach stated that it was "not much good for amateurs to
be looking at these things". We agree. Justice for the Forgotten
recommended that the resources available to the Office of the Attorney
General be employed to examine the material, and if appropriate in consultation
with the legal representatives of Justice for the Forgotten.
- It is the duty
and function of governments to govern and ultimately the decision to
establish a public Tribunal of Inquiry under the Tribunal of Inquiries
Acts is a Government decision.
The appointment of an eminent legal person with no powers to compel
the attendance of witnesses or to require the production of documents
is a very curious decision and smacks of the Government wishing to divest
itself of political responsibility for grasping the thorny nettle that
is the Dublin and Monaghan Bombings case.
- We welcome very
much the Taoiseach's suggestion that the work of examining the basis
for a Public Enquiry could take place in conjunction with the legal
representatives of the families. Justice for the Forgotten has pressed
for this all along and is firmly of the view that this work should commence
with the Inter-Departmental Committee having available to it the resources
of the Attorney General's Office in carrying out the detailed analysis
of the material and evidence currently available.
- Finally, we are
satisfied that there is sufficient evidence already in the public domain
and suggested to exist in files and papers not yet released, to work
out detailed and effective terms of reference for a Public Inquiry established
on a statutory basis and if necessary with cross-border co- operation.
A Private Inquiry reinforces the belief among the victims and their
families that the Government is more concerned with concealing facts
from the public gaze than in pursuing truth and the vindication of the
very many lives taken and blighted twenty five years ago.
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