Public Inquiry - Tribunals of Inquiry in The Republic of Ireland

Tribunals of Inquiry in The Republic of Ireland

In the Republic of Ireland, public inquiries (Irish: fiafrai poiblí), known popularly as tribunals (binse breithimh), have become much used in recent years. 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 extreme case being the Mahon Tribunal (previously the Flood Tribunal) which began in 1997 and issued its final report on 22 March 2012.

Inquiries in the Republic of Ireland are governed under Section 1 of the Tribunals of Inquiry (Evidence) Act of 1921, as amended. The 1921 Act, being a UK statute enacted before the setting up of the Irish Free State, continues to apply for the time being in the Republic of Ireland. 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.

Tribunals of Inquiry are invested with the powers, privileges and rights of the Irish 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.

Tribunals can also award damages in a series of similar and uncontested cases, such as the Irish Army deafness claims that ran on for over a decade.