In Ireland, there are several kinds of public inquiry. A Tribunal of Inquiry, often simply called a tribunal, is a powerful type of statutory inquiry whose procedures are governed by the Tribunals of Inquiry (Evidence) Act 1921 as amended.[1] An Oireachtas inquiry is a less powerful non-statutory inquiry controlled directly by the Oireachtas (parliament). A 2013 proposal to strengthen the power of Oireachtas inquiries was defeated at a referendum. The Law Reform Commission published a report in 2005 examining the operation of public inquiries and recommending changes.[2] A commission of investigation is a different form of inquiry, with evidence generally given in private; provided by the Commissions of Investigation Act 2004 to address scandals relating to medical care and child abuse.[3] [4]
Tribunals have been held to address many political controversies, increasing in frequency since the Beef Tribunal of the early 1990s. 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 longest being the Mahon Tribunal (previously the Flood Tribunal) which began in 1997 and issued its final report in 2013.
The Tribunals of Inquiry (Evidence) Act 1921 was enacted by the United Kingdom of Great Britain and Ireland before the setting up of the Irish Free State and as such remains in Ireland.[5] 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 established by the Oireachtas where the evidence of malfeasance might not be enough to secure a criminal conviction, but where public policy requires answers. Critics of the system say that tribunals: are relatively toothless; may give witnesses immunity that they would not obtain from a court; allow legal representation to all parties, resulting in a higher final cost to the State than the cost of the original malfeasance; and that they can delay difficult political decisions.[6] The Comptroller and Auditor General published a report in 2008 into the cost of Tribunals of Inquiry and making recommendations. It noted that 50%–85% of the cost of recent tribunals had been legal fees for third parties, as distinct from administration and the tribunal's own legal fees.[7]
Tribunals of Inquiry are invested with the powers, privileges and rights of the 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 Tribunal's discretion, be held in private.
| Name | Subject | Member(s)[9] | Dáil resolution[10] | Seanad resolution | Ministerial order[11] | Report laid[12] | Cost[13] | |
|---|---|---|---|---|---|---|---|---|
| Food Prices Tribunal | Retail prices of "articles in general consumption" | Samuel Lombard Brown, Joseph Johnston, John Busteed, Richard A. Butler, Máire Ní Chinnéide, Bryan Cooper, Thomas Farren, J. F. Maguire, Patrick Shaw[14] | 16 December 1925 | 27 January 1926 | £1,667[15] [16] | |||
| Ports and Harbours Tribunal | Ports and harbours | H.B. O'Hanlon, C.H. O'Conor, Michael Keegan | 19 January 1926 | 27 January 1926 | 12 May 1926 | 1930 | ||
| George P. Cussen, Cyril Beatty, J. S. Troy[17] | 15 February 1928 | 15 February 1928 | 14 April 1928[18] | |||||
| Grain Inquiry Tribunal | Whether mixture of maize meal and maize products with home-grown cereals would be in the national interest | J.J. McElligott, Joseph Whelehan, J.H. Hinchcliff | 27 November 1929 | 28 November 1929 | 29 November 1929 | 12 October 1931 | ||
| Marketing of butter | John Dulanty, John P. Colbert, Thomas Duggan, Michael B. McAuliffe, Patrick Vaughan[19] | 30 April 1930 | 14 May 1930 | December 1930 (interim report) | ||||
| Pig Industries Tribunal | Henry J. O'Friel, Daniel Twomey, Joseph B. Whelehan, Patrick A. Rogan | 5 May 1933 | 11 May 1933 | 18 May 1933 | 26 January 1934 | |||
| Grading etc. of Fruit and Vegetables | Henry J. O'Friel, Joseph B. Whelehan, Hugh Bradley | 12 December 1934 | 19 December 1934 | 21 March 1935 | 14 September 1940 | |||
| Town Tenants (Occupation Tenancies) | Hardships in rented urban accommodation | William Black, et al.[20] | 13 December 1935 | 18 December 1935 | 1936 | early in 1941 | ||
| Martin C Maguire, William Ian Bloomer, William Maguire | 25 November 1936 | N/A[21] | 5 January 1937 | 15 September 1937 | £622[22] | |||
| Public Transport | Joseph Ingram | 7 December 1938 | 7 December 1938 | 1939 | ||||
| Joseph A. McCarthy, James J. Comerford, Mary E. Hackett | 3 March 1943 | 10 March 1943 | 25 March 1943 | 17 September 1943 | ||||
| Dealings in Great Southern Railways Stocks between 1/1/1943 and 18/11/1943 | A.K. Overend, Cahir Davitt, Barra Ó Briain | 24 November 1943 | 25 November 1943 | 1 December 1943 | 20 September 1944 | |||
| Ward Tribunal | John O'Byrne, Kevin Haugh, William G. Shannon | 5 June 1946 | 5 June 1946 | 7 June 1946 | 1946 | £4,389[23] | ||
| Supply of milk for the Dublin sale district | Martin C. Maguire, Robert A. O. O'Meara, William C. Kenny | 30 November 1944 | 6 December 1944 | 1 March 1945 | 8 July 1947 | £650[24] | ||
| Disposal of Locke's Distillery, Kilbeggan | John O'Byrne, Kevin Haugh, Cahir Davitt | 5 November 1947 | 6 November 1947 | 7 November 1947 | 20 December 1947 | |||
| Cross Channel Freight Rates | Shipping between Ireland and Great Britain | Pádhraic Ó Slatarra, F. Vaughan Buckley, John J. Walsh | 23 October 1957 | 13 November 1957 | 19 November 1957 | 12 June 1959 | £2,989[25] | |
| Pay of clerical-grade public servants | Gerard Quinn, Edward J. Gray, Charles McCarthy, Cathal O'Shannon, Joseph S. Quigley | 3 October 1965 | 10 October 1965 | 30 November 1965 | 25 May 1966 | |||
| Death of Liam O'Mahony in Garda custody | William FitzGerald, George D. Murnaghan, John Charles Conroy | 18 July 1967 | 19 July 1967 | 19 July 1967 | 1 December 1967 | £13,000[26] | ||
| Tribunal on Teacher's Salaries | Teachers' salaries | Louden Ryan, Ernest Benson, Maurice P. Cosgrave, L.M. Fitzgerald, Cathal O'Shannon | 15 December 1967 | 23 May 1968 | ||||
| Seán de Buitléir, A. Denis Pringle, Patrick O'T— | 18 December 1969 | 17 December 1969 | 22 December 1969 | 5 August 1970 | ||||
| Séamus Henchy, Weldon R.C. Parke, John Charles Conroy | 3 July 1975 | 4 July 1975 | 4 July 1975 | 1 August 1975 | ||||
| Costello Inquiry | Declan Costello | 6 March 1979 | 6 March 1979 | 9 April 1979 | 26 July 1980 | |||
| Fire at Stardust Club, Artane | Ronan Keane | 18 February 1981 | 19 February 1981 | 20 February 1981 | 12 November 1982 | |||
| Kerry Babies Tribunal | Kevin Lynch | 11 December 1984 | 12 December 1984 | 13 December 1984 | 4 October 1985 | |||
| Beef Processing Industry | Liam Hamilton[27] | 24 May 1991 | 29 May 1991 | 31 May 1991 | 9 August 1994 | €27.233m[28] [29] | ||
| Finlay Tribunal | Thomas Finlay | 17 October 1996 | 17 October 1996 | 24 October 1996 | 11 March 1997 | €4.57m | ||
| Brian McCracken | 6 February 1997 | 6 February 1997 | 25 August 1997 | €6.56m | ||||
| Michael Moriarty | 11 September 1997 | 18 September 1997 | 26 September 1997 | December 2006 (Pt 1) March 2011 (Pt 2) | €46.15m | |||
| Planning matters (including rezoning by Dublin County Council and other Dublin local authorities) | Alan Mahon, with Mary Faherty and Gerald Keys; prev Feargus Flood | 7 October 1997 / 1 July 1998 / 5 July 2001 / 28 March 2002 / 3 July 2003 / 17 November 2004[30] | 8 October 1997 / 2 July 1998 / 5 July 2001 / 28 March 2002 / 4 July 2003 / 17 November 2004 | 4 November 1997 / 15 July 1998 / 24 October 2002 / 7 July 2003 / 3 December 2004[31] | 22 March 2012 (Vol I-IV) | €159m | ||
| HIV and Hepatitis C infection of haemophiliacs | Alison Lindsay | 2 June 1999 | 2 June 1999 | 5 September 2002 | €46.649m | |||
| shooting of John Carthy in Abbeylara, County Longford on 20 April 2000 | Robert Barr | 17 April 2002 | 18 April 2002 | 1 July 2002 | 20 September 2006 | €20.7m[32] | ||
| concerning some Gardaí of the Donegal Division | Frederick Morris | 28 March 2002 | 28 March 2002 | 24 April 2002 | June 2004–September 2008 (8 volumes) | €70-72m[33] [34] | ||
| whether Irish officials colluded in the murder of two RUC officers on 20 March 1989[35] | Peter Smithwick | 23 March 2005 | 24 March 2005 | 31 May 2005 | 3 December 2013 | €12m[36] [37] | ||
| Disclosures Tribunal[38] | Garda whistleblower scandal[39] | Peter Charleton | 16 February 2017 | 16 February 2017 | 17 February 2017[40] | TBD | TBD |
See also: Commission of investigation (Ireland). Non-tribunal official inquiries, and subsequent reports, include:[41]