Hamilton to chair inquiry into Dublin, Monaghan attacks

The 1974 Dublin and Monaghan bombings are likely to be subjected to the same intense level of parliamentary scrutiny as the DIRT…

The 1974 Dublin and Monaghan bombings are likely to be subjected to the same intense level of parliamentary scrutiny as the DIRT scandal. This follows the Taoiseach's announcement yesterday of an investigation into the attacks.

The inquiry is to be carried out by the outgoing Chief Justice, Mr Justice Hamilton, who will also be examining the bombing of a public house in Dundalk in December 1975, which killed one man and injured 20. His report is then likely to be examined by the Joint Oireachtas Committee on Justice, Equality and Women's Rights.

That committee will have the same powers to send for papers and records and compel witnesses to attend as had the Public Accounts Committee in its recent investigation of DIRT. Relatives of the victims would be entitled to appear at public hearings of the committee, which could then make recommendations.

The move will be the second use of the new powers of Oireachtas committees to hold public hearings on public controversies which have not been investigated. If successful, it will strengthen arguments for further reform and strengthening of the Oireachtas to allow it inquire into matters of public interest, as recommended in the DIRT report.

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The Justice for the Forgotten group, which represents a number of survivors and victims of the bombings, last night welcomed the plan. Last September, it objected to an announcement by the Taoiseach of a private inquiry.

Mr Ahern's new announcement is likely to lead to the first public hearings into the circumstances of the bombings on May 17th, 1974, in which 33 people died and hundreds more were injured. Justice for the Forgotten, which has campaigned for a public inquiry for many years, last night welcomed the move as the "first stage" towards its goal.

Mr Justice Hamilton, who retires as Chief Justice early next year, has been invited to undertake a thorough examination of all aspects of the bombings and their aftermath. No time limit has been set for the investigation, which may take over a year.

Mr Ahern said yesterday the Government would ask the British authorities to co-operate. There have been regular claims that members of British or RUC intelligence were involved in the bombings.

The investigation is to include an examination of the nature and adequacy of Garda investigations; the adequacy of co-operation from the Northern Ireland authorities; the handling of scientific analyses of forensic evidence; the reasons why no prosecutions took place; and whether, and if so by whom and to what extent, the investigations were impeded.

Formal terms of reference have yet to be devised in consultation with Mr Justice Hamilton and relatives of the victims.

Mr Justice Hamilton will not be given judicial powers to call witnesses and demand the production of documents. However, Mr Ahern said in a statement last night that the Government would ensure "that the Chief Justice will have access to all relevant files and papers of Government departments and the Garda Siochana".

"The Government will also direct that all members of the public service and the Garda Siochana extend their full co-operation to him."

The results of the Chief Justice's report will first be presented to the Government, to be followed by an examination of the report in public session by the Oireachtas Committee on Justice, Equality and Women's Rights.

Under 1997 legislation, the Oireachtas can give power to the committee to send for papers and records and compel witnesses to attend. The Government intends that the committee would examine Mr Justice Hamilton's report in public at hearings at which the Justice for the Forgotten group would be represented.

This examination in public of a report by a powerful committee is analogous to the examination by the Public Accounts Committee of a report on DIRT prepared by the Comptroller and Auditor General, Mr John Purcell.

Mr Ahern said last night that "suitable practical arrangements" would be made with the Chief Justice to give him secretarial and research staff, an office and any other support needed.

"The Government believes that this approach represents a genuine attempt to respond to the legitimate needs and concerns of those injured or bereaved as a result of these appalling outrages and to move towards closure for people who have suffered for too long."

Welcoming the move, the Justice for the Forgotten group said last night this was a process of assessment, not a private inquiry, and on that basis it supported it.

"The process of a public inquiry, where justice is not only done but seen to be done, is a minimum requirement for the families and wounded in their 25-year search for truth," said a statement from the organisation.