Public_inquiries_in_the_Republic_of_Ireland

List of public inquiries in the Republic of Ireland

List of public inquiries in the Republic of Ireland

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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 longest 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 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

More information Name, Subject ...
Notes
  1. [n 1]
    Where multiple members are listed, the first listed chaired the tribunal.
  2. [n 2]
    Date of resolution mandating establishment of Tribunal. External link is to the resolution debate.
  3. [n 3]
    Date of order by minister, or by Governor-General until 1936, establishing tribunal.
  4. [n 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. [n 5]
    Estimated or actual cost, generally excluding legal costs of third parties where not paid by the state.
  6. [n 6]
    1927 projection
  7. [n 7]
    No other report was issued.[14]
  8. [n 8]
    Seanad had been abolished
  9. [n 9]
    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.[23]
  10. [N 10]
    First date is of original resolution; later dates are of resolutions amending its terms of reference.
  11. [N 11]
    September 2014 estimate.[26] A December 2014 Supreme Court decision may increase this by a further €36m,[27] though this is disputed.[28]
  12. [N 12]
    2011 projection
  13. [N 13]
    2013 projection

Other inquiries

See also: Commission of investigation (Ireland)

Non-tribunal official inquiries, and subsequent reports, include:[36]

Bibliography

  • MacCarthaigh, Muiris (2005). "6: Tribunals of inquiry and judicial accountability". Accountability in Irish Parliamentary Politics. Institute of Public Administration. pp. 187–237. ISBN 9781904541318. Retrieved 20 September 2014.
  • "Tribunals of Inquiry". Citizens Information. Citizens Information Board. 15 September 2009. Retrieved 28 January 2011.
  • Report on Public Inquiries including Tribunals of Inquiry (PDF). Law Reform Commission Reports. Vol. LRC 73-2005. Dublin: Law Reform Commission. 2005.
  • "Special Report: Tribunals of Inquiry" (PDF). Comptroller and Auditor General. December 2008. Retrieved 16 September 2014.
  • Reports of particular tribunals of inquiry, listed in the "Report laid" column of the table above.
  • Oireachtas debates

References

  1. [1]
    Citizens Information Board 2009
  2. [2]
    "Report on Public Inquiries Including Tribunals of Inquiry". Law Reform Commission. 30 May 2005. Archived from the original on 16 February 2015. Retrieved 16 September 2014.
  3. [3]
    "Commissions of Investigation Act 2004". Irish Statute Book. Archived from the original on 16 February 2015. Retrieved 16 September 2014.
  4. [4]
    "Commissions of Investigation Bill 2003: Second Stage". Dáil Éireann debates. Oireachtas. 4 March 2004. Archived from the original on 16 February 2015. Retrieved 16 September 2014.
  5. [5]
    "Tribunals of Inquiry (Evidence) Act 1921". Irish Statute Book. Archived from the original on 11 July 2021. Retrieved 7 January 2021.
  6. [6]
    "Another stinging attack on tribunal". Irish Examiner. 26 March 2011. Archived from the original on 26 September 2012. Retrieved 16 September 2011.
  7. [7]
    Comptroller and Auditor General, 2008, p.24 §2.16, fig 2.3
  8. [8]
    "Tribunals of Inquiry". Government Legislation Programme. Department of the Taoiseach. Archived from the original on 21 February 2011. Retrieved 28 January 2011.
  9. [9]
    Johnston, Roy (1999). "1926 Prices Tribunal". Archived from the original on 4 March 2016. Retrieved 20 September 2014.
  10. [10]
    "Questions; Oral answers: Cost of tribunal on prices". Dáil Éireann debates. 3 November 1927. Archived from the original on 18 January 2017. Retrieved 18 September 2014.
  11. [11]
    The Irish Law Times and Solicitors' Journal. 62. J. Falconer: 42. 1928. {{cite journal}}: Missing or empty |title= (help)
  12. [12]
    Doherty, Gabriel (Spring 1995). "'A Star Chamber affair': the death of Timothy Coughlan". History Ireland. 3 (1). Archived from the original on 24 September 2014. Retrieved 21 September 2014.
  13. [13]
    Dept. of agriculture and technical instruction (1929). Annual General Report of the Department. Dublin. p. 18.{{cite book}}: CS1 maint: location missing publisher (link)
  14. [14]
    Maltby, Arthur; McKenna, Brian (2 October 2013). Irish Official Publications: A Guide to Republic of Ireland Papers, with a Breviate of Reports 1922–1972. Elsevier. p. 182. ISBN 9781483188829. Retrieved 1 March 2017.
  15. [15]
    "Public Business. - Rent Restrictions Bill, 1944—Second Stage". Dáil Éireann debates. 10 October 1945. Archived from the original on 26 October 2015. Retrieved 21 September 2014.
  16. [16]
    Pearse Street fire tribunal Report, p.5
  17. [17]
    Dwyer, T. Ryle (4 July 2009). "Tribunals end up as corporate welfare for overpaid lawyers". Irish Examiner. Archived from the original on 1 February 2016. Retrieved 18 September 2014.
  18. [18]
    Milk Supply Tribunal, report p.2
  19. [19]
    Cross Channel Freight Rates Tribunal report, p.2
  20. [20]
    "Questions; Oral Answers: Departmental and semi-State Body Reports". Dáil Éireann debates. 17 February 1972. Archived from the original on 3 March 2016. Retrieved 18 September 2014.
  21. [21]
    "Written Answers: Kerry Babies Tribunal". Dáil Éireann debates. 16 December 1986. Archived from the original on 3 March 2016. Retrieved 18 September 2014.
  22. [22]
    Moloney, Eugene (28 November 2001). "£19m on and beef tribunal bills still pouring in". The Irish Independent. Retrieved 25 July 2011.
  23. [23]
    "Written Answers - Tribunals of Inquiry". Dáil Éireann debates. 11 October 2011. Archived from the original on 24 September 2014. Retrieved 21 September 2014.
  24. [24]
    Comptroller and Auditor General, 2008, p.96 fig.A.3
  25. [25]
    "Amended terms of reference". Mahon Tribunal. Archived from the original on 15 October 2013. Retrieved 16 September 2014.
  26. [26]
    O'Connell, Hugh (26 June 2014). "It turns out the Mahon Tribunal is going to cost less than was previously thought*". TheJournal.ie. Archived from the original on 18 August 2014. Retrieved 18 September 2014.
  27. [27]
    McConnell, Daniel (28 December 2014). "Tribunal fiasco: politicians and developers will be paid €100m". Irish Independent. Archived from the original on 28 December 2014. 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.
  28. [28]
    Collins, Stephen. "Mahon tribunal apologises to former FF minister Ray Burke". The Irish Times. Archived from the original on 17 January 2015. 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.
  29. [29]
    "Chapter 15: Lease of Accommodation for a Probation Service Project (Continued)". Committee of Public Accounts proceedings. Oireachtas. 21 March 2013. Archived from the original on 3 March 2016. Retrieved 18 September 2014.
  30. [30]
    "Ministerial briefing" (PDF). Department of Justice and Law Reform. March 2011. p. 9. Archived (PDF) from the original on 4 March 2016. Retrieved 18 September 2014.
  31. [31]
    McGee, Harry (7 June 2011). "Smithwick tribunal to hear evidence from witnesses". Irish Times. Archived from the original on 24 October 2012. Retrieved 25 August 2011.
  32. [32]
    "Smithwick Tribunal: Garda counsel criticises PSNI". BBC Online. 22 June 2013. Archived from the original on 4 March 2016. Retrieved 18 September 2014.
  33. [33]
    Brennan, Cianan (25 February 2017). "The Charleton Tribunal has an official (different) name, and its opening statement is due next Monday". TheJournal.ie. Archived from the original on 25 February 2017. Retrieved 26 February 2017.
  34. [34]
    Bardon, Sarah; Clarke, Vivienne; O'Regan, Michael; O'Halloran, Marie (14 February 2017). "Kenny 'gave wrong information' about Zappone meeting". The Irish Times. Archived from the original on 14 February 2017. Retrieved 14 February 2017.
  35. [35]
    "Opening statement of Mr Justice Peter Charleton". Disclosures Tribunal. 27 February 2017. Archived from the original on 28 February 2017. Retrieved 27 February 2017. By instrument under the Tribunals of Inquiry (Evidence) Act 1921, as amended, the Minister for Justice and Equality on the 17th day of February 2017 appointed this Tribunal, following resolutions of Dáil Éireann and Seanad Éireann of the previous day.
  36. [36]
    Comptroller and Auditor General, 2008, p.95 fig.A.1
  37. [37]
    "RTÉ.ie". RTÉ.ie. 9 March 2005. Archived from the original on 12 March 2011. Retrieved 25 July 2011.
  38. [38]
    "2005 Ministerial comment in the Dáil". Historical-debates.oireachtas.ie. Archived from the original on 20 September 2012. Retrieved 25 July 2011.
  39. [39]
    "Baker-Tilly report". Scribd.com. Archived from the original on 25 August 2010. Retrieved 25 July 2011.
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