The announcement by the Taoiseach, Mr Ahern, of an investigation involving the outgoing Chief Justice, Mr Justice Liam Hamilton, into the Dublin, Monaghan and Dundalk bombings and their sequel, bears all the hallmarks of a rushed political decision. Formal terms of reference remain to be precisely defined and consultations are continuing with the Chief Justice and the relevant groups of relatives. In addition, the Government is seeking to impose its wishes on a Joint Oireachtas Committee which may not have the legal powers, or the inclination, to do its bidding. And, when all is said and done, the exercise may not satisfy those relatives who are seeking a full public inquiry.
The genesis of this investigation can be found in last August's report on the needs and concerns of victims of the Troubles by former Tanaiste Mr John Wilson. In that report, commissioned by the Government, Mr Wilson recommended that a retired Supreme Court judge be invited to undertake a thorough examination of the bombings, involving fact-finding and assessment. Finding out the truth, he felt, was the primary objective of the families.
The Taoiseach said the Chief Justice will be given official assistance and access to all relevant files and papers of Government Departments and the Garda Siochana. Co-operation will be sought from the British authorities. And he will report to the Government in the first instance on the facts, circumstances, causes and perpetrators of the bombings. The nature, adequacy and extent of the Garda investigations, including co-operation with relevant authorities in Northern Ireland, will also be examined by Mr Justice Hamilton along with the failure to take prosecutions and the extent, and by whom, investigations were impeded.
At that stage, the report will be given to the Joint Oireachtas Committee on Justice, Equality and Law Reform and it will be encouraged by the Government to hear public evidence from members of the Justice for the Forgotten Group, representing the injured and bereaved. It will also be given powers to direct that material relevant to the findings of the official report be placed before it and to call other witnesses. Finally, it will be empowered to accept the report by the Chief Justice as satisfactory; to call for a full public inquiry or embark itself on a further examination of the issues. As a former chairman of that Oireachtas Committee, Mr Charles Flanagan, observed, it will take considerable legislative change and preparatory work before the committee will be able to embark on such a complex task. In addition, the various committees of the Dail and Oireachtas are understaffed and lack facilities. That said, the search for truth and reconciliation requires that all victims of violence have a right to know the truth, just as the perpetrators of violence should acknowledge their responsibilities. While the Taoiseach's initiative may be rushed and raw, it is still a step - however awkwardly - in the right direction.