Inquiry to examine Garda handling of 1974 bombs

A commission of investigation is to be established by the Government to examine the Garda investigation into the Dublin-Monaghan…

A commission of investigation is to be established by the Government to examine the Garda investigation into the Dublin-Monaghan bombings in 1974 and the disappearance of security files from the Department of Justice and Garda intelligence. Mark Hennessy, Political Correspondent, reports.

The Government will also urge the British government to set up its own inquiry into allegations that British soldiers and RUC officers helped loyalist paramilitaries to organise the bombings. The inquiry into alleged British collusion would follow the example set by the investigations of Canadian judge Mr Peter Cory into a series of killings where collusion was alleged.

The inquiry into the Garda investigation and missing files will be held in private under powers contained in the recently enacted Commissions of Investigation Act, 2004.

However, the inquiry's full powers will not be known until September when the Cabinet agrees its final terms of reference, although efforts will be made to avoid another long-running tribunal.

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The new body, unlike last year's inquiry led by Mr Justice Barron, will be able to compel witnesses to attend, to demand documents and to seize them where necessary.

Last night, the Justice for the Forgotten group, which represents the families of victims, condemned the Government's decision, which they were told about during a meeting with officials yesterday.

The group said that in December 1999 the Taoiseach, Mr Ahern, and the Tánaiste, Ms Harney, had both agreed that the next step after the Barron report would be a full public inquiry.

"It was never envisaged that any further inquiry would be behind closed doors and immune to public scrutiny," the group said.

Last night, the British government was noticeably unenthusiastic about the Cabinet's decision, which was taken three weeks ago but not disclosed until yesterday. "It looks like a case that the Irish Government has booted a difficult problem up the pitch for London to deal with, knowing that it can't," complained one British source last night.

Mr Ahern is expected to raise the matter with the British Prime Minister, Mr Blair, during talks in early September.

In his report, Mr Justice Barron accused the 1973-77 Fine Gael-Labour government of showing a lack of interest in the bombings and sharply criticised the quality of the Garda investigation which was wound down within weeks of the atrocity. No one was ever prosecuted.

Mr Justice Barron said it was "more than likely" that RUC and Ulster Defence Regiment members aided the attacks on Dublin and Monaghan in May 1974 which killed 33 people. However, he did not state a view on allegations that British intelligence officers were involved, although he was critical about the lack of British co-operation with his inquiry.

In March, an Oireachtas inquiry set up to report on Mr Justice Barron's findings recommended that a tribunal of inquiry be set up in the UK. Despite the demands of the victims' families, Mr Ahern has consistently ruled out holding one in the Republic because he said it could not compel Northern or British witnesses to attend.

In his investigation, Mr Cory investigated allegations of collusion in the killings of two solicitors, Pat Finucane and Rosemary Nelson; Loyalist Volunteer Force leader Billy Wright; Portadown youth Robert Hamill, and two senior RUC officers murdered by the IRA.

Although repeatedly promised British co-operation, the judge threatened a number of times to quit because of the failure by the British to produce documents.