Statement by Bertie Ahern on the Fourth Interim Report by the Commission of Investigation into the Dublin and Monaghan Bombings 1974, (30 May 2006)

Statement by Bertie Ahern, then Taoiseach (Irish Prime Minister), on the publication of the Fourth Interim Report by the Commission of Investigation into the Dublin and Monaghan Bombings 1974 (30 May 2006)

"Following a request from Mr. Patrick MacEntee, SC QC, Sole Member of the Commission of Investigation, the Taoiseach has granted a further extension of the timeframe for the completion of the Report of the Commission of Investigation. The timeframe for completion of the Final Report has now been extended to 31 July 2006.

When the Taoiseach receives the Final Report, he is required by law to consider certain issues prior to publication. This is likely to involve requesting legal advice from the Attorney General. He would also wish to submit it to the Cabinet prior to publication. The timescale involved is impossible to estimate in advance of receipt of the report, but the Taoiseach would wish to publish the report as quickly as possible.

Note for Editors:

Under Section 6 (6) of the Commissions of Investigation Act 2004, in the event of a requirement for an extension of the timeframe of a Commission of Investigation, the Commission must request an extension from the specified Minister. An Interim Report must accompany this request. It is then a matter for the discretion of the Minister concerned, in this case the Taoiseach, to decide whether to publish the Interim Report.

Under Section 38 (2) of the Commissions of Investigation Act 2004, the specified Minister is required to apply to the Court for directions concerning the publication of the Report if the specified Minister considers that the publication of the final report might prejudice any criminal proceedings that are pending or in progress. In order to establish this, the specified Minister is likely to request legal advice from the office of the Attorney General.

The terms of reference of the Commission of Investigation are:

To undertake a thorough investigation and make a report on the following specific matters considered by the Government to be of significant public concern.

(1) Why the Garda investigation into the Dublin and Monaghan bombings was wound down in 1974?

(2) Why the Gardai did not follow-up on the following leads:

(i) information that a white van, with an English registration plate, was parked outside the Department of Posts and Telegraphs in Portland Row and was later seen parked in the deep sea area of the B & I ferry port in Dublin, and the subsequent contact made with a British Army officer on a ferry boat leaving that port;

(ii) information relating to a man who stayed in the Four Courts Hotel between 15 and 17 May, 1974 and his contacts with the UVF;

(iii) information concerning a British Army corporal allegedly sighted in Dublin at the time of the bombings;

and

(3) In relation to the missing documentation:

(i) the exact documentation (Departmental, Garda intelligence and any other documentation of relevance) that is unaccounted for;

(ii) the reasons explaining why the documentation went missing;

(iii) whether the missing documentation can now be located; and

(iv) whether the systems currently in place are adequate to prevent a re-occurrence of such documentation going missing.

To take account of investigative work already undertaken into the Dublin and Monaghan bombings of 1974, including the Report of the Independent Commission of Inquiry, the Final Report of the Joint Committee on Justice, Equality, Defence and Women’s Rights, Inquest Statements and the Internal Garda Investigation.

To provide a final report to An Taoiseach not later than six months from the date of establishment of the Commission."