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Terms of Reference

The Terms of Reference set out the definite matters of urgent public importance that the Tribunal has power to investigate and are as follows:

Resolutions in the following terms were passed by Dáil Éireann and Seanad Éireann on respectively 17^th and 18^th April, 2002. 

“That Dáil Éireann [Seanad Éireann in its Resolution] resolves that it is expedient that a tribunal be established under the Tribunals of Inquiry (Evidence) Acts, 1921 to 2002, to enquire into the following definite matter of urgent public importance: -

-          the facts and circumstances surrounding the fatal shooting of John Carthy at Abbeylara, Co Longford on 20^th April, 2000;

and to report to the Clerk of Dáil Éireann and to make such findings and recommendations as it sees fit in relation to these matters

And further resolves that:

(i)         The Tribunal shall report to the Clerk of the Dáil on an interim basis not later than four months from the date of the establishment of the Tribunal and also as soon as maybe after the 10^th day of any oral hearings of the Tribunal on the following matters:

(a)                 the number of parties granted representation by the Tribunal,

(b)                 the progress which will then have been made in the hearings and work of the Tribunal,

(c)                  the likely duration (so far as might then be capable of being estimated) of the proceedings of the Tribunal,

(d)                any other matters that the Tribunal considers should be drawn to the attention of the Houses of the Oireachtas at the time of the report (including any matters relating to its Terms of Reference);

(ii)        the Inquiry shall be completed in as economical a manner as possible and at the earliest possible date consistent with a fair examination of the matters referred to it;

(iii)       all costs incurred by reason of the failure of individuals to co-operate fully and expeditiously with the Tribunal shall as far as it is consistent with the interests of justice and the provisions of the Tribunals of Inquiry (Evidence) Acts, 1921 to 2002, be borne by those individuals.”

Pursuant to the foregoing resolutions the Minister for Justice, Equality and Law Reform established the Tribunal by Instrument given under his seal on 1^st July 2002.  Having recited the foregoing resolutions of Dáil Éireann and Seanad Éireann, the instrument continues.  “Now, I, Michael McDowell, TD, Minister for Justice, Equality and Law Reform, in pursuance of those resolutions and in exercise of the powers conferred on me by Section 1 (1) (as adapted by the Tribunals of Inquiry (Evidence) Act 1921 Adaptation Order 1936 (SR&O No. 25 of 1936)) of the Tribunals of Inquiry (Evidence) Act 1921, make the following instrument:

1         This Instrument may be cited as the Tribunals of Inquiry (Evidence) Act 1921 (Establishment of Tribunal) Instrument (No. 2) 2002.

2        A tribunal (here and after called “The Tribunal”) is established to inquire into, report and make such findings and recommendations as it sees fit to the Clerk of Dáil Éireann on the definite matter of urgent public importance specified in the resolution passed by Dáil Éireann on 17^th April 2002 and the resolution passed by Seanad Éireann on 18^th April 2002 the text of which resolutions is set out in the recital to this Instrument.

3         The Honourable Mr Justice Robert Barr is appointed to be the sole member of the Tribunal.

4         The Tribunals of Inquiry (Evidence) Acts 1921 to 2002 shall apply to the Tribunal.”