User:Jnestorius/Tribunals of inquiry and commissions of investigation in the Republic of Ireland

In the Republic of Ireland, a Tribunal of Inquiry (Irish: Binse Fiosrúcháin) and a Commission of Investigation (Irish: Coimisiún Imscrúdúcháin) are types of inquiry which may be established to take evidence relating to a matter of urgent public policy and produce a report stating facts established and making recommendations for public action to be taken. Typically a tribunal or commission is established after a scandal has come to light, for which no civil or criminal court case is feasible, but which impels an official response to apportion blame, compensate an injured party, or prevent a recurrence. Tribunals of inquiry are public inquiries established under the Tribunals of Inquiry (Evidence) Act 1921 passed by the Westminster Parliament of the then United Kingdom of Great Britain and Ireland and still in force, with amendments, in the Republic. Commissions of investigation have similar court-like powers to compel witnesses to attend but their proceedings are not held in public. They are established under the Commissions of Investigation Act 2004, prompted by Catholic sexual abuse scandals for which the sensitive nature of the events made unsuitable for investigation by a public tribunal.

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 extreme case being the Planning Tribunal (previously the Flood Tribunal) which is currently in its eighth year and has heard 615 days of evidence so far.

Inquiries in the Republic of Ireland are governed under Section 1 of the Tribunals of Inquiry (Evidence) Act of 1921. (This act, being a UK statute enacted before the setting up of the Irish Free State, continues to apply for the time being in the Republic of Ireland). 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 invested with the powers, privileges and rights of the Irish 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 Tribunals discretion, be held in private.

Tribunals of inquiry

The following is a list of tribunals of inquiry since the establishment of the Irish Free State in 1922.

• 1926: Retail prices of articles in general consumption
• 1926: Ports and Harbours
• 1928: Shooting of Timothy Coughlin
• 1929: Whether mixture of maize meal and maize products with home-grown cereals would be in the national interest
• 1930: Marketing of butter
• 1933: Pig production
• 1934: Grading etc. of Fruit and Vegetables
• 1935: Town Tenants
• 1936: Pearse Street Fire
• 1938: Public Transport
• 1943: Fire at St. Josephs Orphanage, Cavan
• 1943: Dealings in Great Southern Railway Stocks between 1 January 1943 and 18 November 1943
• 1946: Allegations concerning Parliamentary Secretary
• 1947: Disposal of Distillery of John Locke and Co. Ltd., Kilbeggan
• 1957: Cross Channel Freight Rates
• 1967: Death of Liam O'Mahony in Garda custody
• 1969: "Seven Days" Television programme on illegal moneylending
• 1975: Allegations made by two Members in the Dáil against the Minister For Local Government
• 1979: Costello Inquiry into the Whiddy Island Disaster
• 1981: Tribunal of Inquiry into the Stardust Disaster
• 1984: The Kerry Babies Tribunal to determine the cause of death/connection between the bodies of two babies found within a short period of time in County Kerry
• 1991: Tribunal of Inquiry into the Beef Industry, chaired by Mr Justice Liam Hamilton
• 1997: Tribunal of Inquiry into Payments to Politicians by Ben Dunne - the McCracken Tribunal.
• 1996: Hepatitis C scandal
• 1997–ongoing: Tribunal of Inquiry (Dunnes Payments) (follow-up), the Moriarty Tribunal
• 1997–ongoing: Tribunal of Inquiry into Certain Planning Matters and Payments, now known as The Mahon Tribunal
• 1999: Lindsay Tribunal to investigate the infection of haemophiliacs with HIV and Hepatitis C from contaminated blood products.
• 2002–2006: Tribunal of Inquiry into the siege and shooting of John Carthy in Abbeylara, County Longford, the Barr Tribunal
• 2002–ongoing: Tribunal of Inquiry into complaints concerning some Gardaí of the Donegal Division, the Morris Tribunal
• 2005–ongoing: Commission of Investigation: Dublin and Monaghan Bombings 1974 (Sole Member: Patrick MacEntee SC QC)
• 2005: the Travers Report into overcharging of fees at some nursing homes. Between refundable fees and legal costs the Tribunal's findings would cost €500 million.
• 2005: the Ferns Report on clerical sexual abuse in the Irish Catholic Diocese of Ferns, County Wexford
• 2000-2009 The Ryan Report (CICA) on child abuse at religiously-run institutions
• 2006-2009: The Murphy Report on the Sexual abuse scandal in Dublin archdiocese

Commissions of investigation

Year	Subject	Member(s)	Notes	Refs
2010	Banking sector
2007	Leas Cross nursing home
2007	Death of Gary Douch in Mountjoy Prison
2006	Child sexual abuse
2006	Dean Lyons case
2005	Dublin and Monaghan bombings

Notes

Category:Public inquiries in Ireland