Bombings inquiry 'should be in Britain'

A public inquiry into the worst atrocity to strike Ireland in the 20th century should be held in Britain, a Dáil committee urged today.

The Dáil Justice Committee called for the British authorities to appoint a senior international judge to investigate allegations of state collusion with the loyalist bombers who killed 33 people, including a pregnant woman, in Dublin and Monaghan in 1974.

If the British government does not co-operate with the setting up of an inquiry, the Irish Government should initiate proceedings against it in the European Court of Human Rights, the committee urged.

The judge conducting the investigation into the atrocities should have the power to recommend a public inquiry in either Britain or Ireland if he sees fit, it found.

The committee also called for the setting up of two separate inquiries relating to the attacks in the Republic of Ireland.

One should inquire into the original Garda investigation and why certain leads were not followed up, while another should look at how relevant files went missing from the Department of Justice.

Sean Ardagh, chairman of the committee, said the members would have preferred to have recommended a public inquiry in Ireland, but this would not have been the best option because the perpetrators, information and witnesses were most likely to be in Northern Ireland.

“The sub-committee considers that a Public Tribunal of Inquiry in Northern Ireland and/or Great Britain is required and represents the best opportunity to be successful,” he said.

Before the public inquiry would proceed, the committee called on an investigation based on the terms agreed between the two governments at the Weston Park talks in 2000, after which Canadian Judge Peter Cory was commissioned to investigate six controversial cases involving allegations of collusion.

That judicial inquiry should have the power to direct witnesses for interview, compel the delivery of documents and to inspect premises.

Both governments would then be obliged to implement any further action recommended by the judge.

“In the event of the aforementioned process failing as a consequence of a lack of co-operation from the government or authorities in Great Britain or Northern Ireland, the Sub-Committee recommends that the Irish Government should consider instituting proceedings in the European Court of Human Rights in Strasbourg, pursuant to the European Convention on Human Rights, seeking appropriate declaratory relief against the UK, requiring it to put in place an appropriate investigation,” Mr Ardagh warned.

Mr Ardagh said the probability of collusion between the British state and the loyalist bombers was very high.

“The fact that we have recommended a public inquiry in Great Britain and Northern Ireland preceded by a Weston Park-type Cory investigation implies in a great way that the probability of collusion is exceptionally high,” he said.

The committee found that in all probability the planning of the Ulster Volunteer Force bombings was carried out in Northern Ireland and most of the perpetrators came from the province.

It ruled that in all probability information which identifies and which concerns the perpetrators still exists in Northern Ireland and Great Britain and that most of the information concerning collusion and the relevant witnesses was in Northern Ireland and Great Britain.

Mr Ardagh said the committee was very disappointed with the “non-cooperation” of the British government with its inquiry.

“We effectively got a letter from Paul Murphy stating that he had already given all the data that was there to Judge Barron and that he wasn’t prepared, nor was Peter Mandelson and he spoke for one other former Secretary of State (John Reid),” he said.

“They were invited to come to the hearings and to participate. They refused so we were very disappointed with the non-cooperation of the British, particularly at a time when things are supposed to be getting so well between the two countries.”

A spokesman for the Northern Ireland Office said: “We co-operated fully with the Barron Inquiry and we will consider carefully any further representations.”