The Government has appointed a commission of investigation, the first of its kind, to examine unresolved questions concerning the Garda inquiry into the 1974 Dublin and Monaghan bombings.
Barrister Patrick MacEntee SC is the commission's sole member and will be given six months to report to the Taoiseach on alleged inadequacies in that investigation.
This is the first commission of investigation established under legislation passed last year designed to introduce faster inquiries into matters of public concern.
The legislation came after criticism of tribunals for taking years to inquire into matters of public controversy and expending vast sums of money in legal bills. These new commissions have many of the powers of a full tribunal of inquiry but are expected to be much quicker as they will not generally carry out their proceedings in public. They are also expected to be much cheaper as witnesses will generally not be represented by teams of lawyers, as happens at tribunals.
The commission is being established in response to the recommendations of the Joint Oireachtas Committee on Justice's consideration of Mr Justice Henry Barron's report on the bombings.
Mr Justice Barron had the advantage of conducting his report in private, but the disadvantage of not having the powers to compel witnesses and demand documentation enjoyed by tribunals.
The Oireachtas committee which examined his report called for an inquiry into inadequacies in the Garda investigation. It also demanded an inquiry in Britain, but acknowledged that the failure of the British government to provide full documentation for the Irish inquiry made such a move unlikely. This commission has been asked to investigate:
Why the Garda investigation into the Dublin and Monaghan bombings was wound down;
Why gardaí did not follow up certain leads;
Why certain documentation went missing;
What that documentation was;
Whether the systems currently in place can prevent a recurrence of the disappearance of important documents.
This commission has the power to direct witnesses to attend and answer questions and to produce and disclose documents; to enter into premises to inspect and secure documents if it is reasonable and necessary to do so in the interests of the investigation; and to decide to hear a witness's evidence in public. It is also a criminal offence to make a false statement or intentionally obstruct the commission.