If yesterday's proposals from the Minister for Justice become a reality, the era of apparently endless tribunals may come to an end, without the power to inquire into matters causing serious public concern being sacrificed.
Tribunals of inquiry have unearthed previously hidden information on matters of enormous public importance, including the abuse of planning laws, the corruption of public officials, and the serious shortcomings of public bodies like the Blood Transfusion Service Board. For many victims of abuse or injury by an institution, the only adequate answer now seems to be the call for a statutory public inquiry. These are seen as the only bodies that can compel such institutions to answer questions.
But tribunals have involved enormous cost, both in time and money. To date tribunals, and other forms of inquiry, have cost the taxpayer in the region of €60 million, and some of them have gone on for years, with no prospect of conclusion in sight. Some have also proved more effective than others, with the Lindsay tribunal producing a report quite rapidly, while there is no definite date for the expected conclusion of the Dunne inquiry, which is private and non-statutory, and almost three years old.
Mr McDowell now has the approval of the Government to set in place a statutory template that can be called into operation whenever there is a demand for an inquiry into a matter of substantial and urgent public importance. It is likely its first subject will be the way in which the Catholic Church dealt with allegations of sex abuse, but he intends it to have general application.
The challenge will be to ensure that the new investigation body, which will operate in private in its initial phase, has the teeth to ensure co-operation from those being investigated. The Minister has said it will have extensive powers to ensure such compliance. These will include powers to compel witnesses and require them to answer questions under oath, to gain access to documents and to enter buildings, search them and seize documents. It is intended that this investigation body will be able to produce a report. However, if there is a serious conflict of evidence then the matter can go to a full tribunal of inquiry, using the material amassed at the earlier stage.
An issue not mentioned by the Minister yesterday, but likely to be discussed when the legislation is published, is whether those who give rise to the need for a full tribunal by non-co-operation or by false evidence will have to bear its costs. Such a sanction would reduce the likelihood of the issue going to a full tribunal.
If these proposals lead to a truly effective mechanism that can compel individuals and institutions to give information on matters of grave public interest, come to conclusions speedily and be cost-effective, they are to be warmly welcomed.