A motion to establish a sworn public inquiry into the murder of two senior RUC officers in this State, in 1989, will be passed by both Houses of the Oireachtas this week.
This is a worthy development. It will probably be the last investigation established by an Irish government under the 1921 Tribunals Act. But nothing less than a traditional, sworn inquiry would have sufficed in this case, especially in view of the British government's handling of the proposed Finucane investigation.
The delay in establishing this inquiry - it was first promised 15 months ago - probably reflects a belief that new intelligence into the murders of Chief Superintendent Harry Breen and Superintendent Robert Buchanan is unlikely to emerge. They were shot dead in an IRA ambush at Jonesborough as they returned from a security meeting with the Garda in Dundalk. That could change if co-operation is forthcoming from the IRA. Such a development is unlikely, however, in spite of the urgings of Minister for Justice Michael McDowell who maintained that Sinn Féin and the IRA can hardly clamour for justice and truth in other cases while withholding co-operation from this investigation.
The inquiry was recommended by retired Canadian Supreme Court Judge, Mr Peter Cory, who found that evidence, including intelligence reports, would - if accepted - constitute collusion by employees of this State in the murder of the police officers. Judge Cory had reviewed six cases - four in Northern Ireland - in which the security forces were alleged to have colluded with paramilitary organisations in the murder of individuals. Evidence of collusion was found in the four Northern cases but not in the remaining Southern one. The Cory investigation flowed from an agreement between Taoiseach Bertie Ahern and British prime minister Tony Blair, in 2001, and was intended to bolster public confidence in the security forces and contribute to peace and reconciliation.
Since then, the British government has done everything possible to avoid a judicial inquiry into the murder of Belfast solicitor, Pat Finucane. Judge Cory reported that whole sections of British Army Intelligence and the RUC Special Branch had colluded in his murder. Rather than confront this in public hearings, however, the British government drafted special legislation that may hide its worst aspects. In doing so, it antagonised the Government. And the Taoiseach raised the issue with President Bush last week when he demanded a public, sworn inquiry. At a time when the IRA is coming under increasing pressure, the British government should give a lead in terms of public accountability.