The Government has been urged by the leader of the Labour Party, Eamon Gilmore, not to contest an application to be made to the High Court by the Smithwick Tribunal of Inquiry for the release of cabinet documents from 1989 relating to the murder of two RUC officers in Co Louth. Stephen Collins, Political Editor, reports.
"I accept that under the terms of the amendment to the constitution on cabinet confidentiality, passed in 1997, an application for the release of cabinet documents to a tribunal of inquiry has to be determined by the High Court," said Mr Gilmore.
"However, it would be unfortunate if the work of the Smithwick tribunal was to be delayed by the Government contesting the request in prolonged High Court hearings. The motions establishing the tribunal were passed by the Oireachtas in 2005, but the tribunal has not yet got around to holding any public hearings. It would be most regrettable if its work was now to be further delayed by the Government contesting the request for the release of these documents," he said.
The Labour leader accepted that the principle of cabinet confidentiality was important, but said its significance diminished with the passage of time. He pointed out that it was now almost 20 years since the documents in question went to cabinet and that, in any event, most cabinet documents were now routinely available to the public after 30 years.
"Also, given that all parties in the Oireachtas were critical of the refusal of the British government to release documents sought by the Barron inquiry into the Dublin and Monaghan bombings and other similar acts of violence in this jurisdiction, it would now be hypocritical of the Government to try to block the release of the documents sought by Judge Smithwick.
"There have been allegations that some Garda officers may have colluded in the murder of chief superintendent Harry Breen and superintendent Bob Buchanan and Judge Smithwick has been given the job of determining whether or not there is any substance to these allegations. If he is to properly discharge his mandate, he must have access to all relevant information," said Mr Gilmore.