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The
BIRW Report - Witness
Account - Ludlow
Family Account -Ed Moloney Radio Interview - The
Barron Inquiry - Terms
of reference - 25th
Anniversary - Profile
- Questions
- Photographs
Terms of Reference for the private Barron Inquiry and details of
the Joint Oireachtas Committee investigating the murder of Seamus Ludlow
On this page we feature the Irish Government's draft terms of reference
for a private inquiry into the May 1976 sectarian murder of Seamus Ludlow in
County Louth. This provides for a private inquiry under Mr Justice Henry Barron,
similar to that already in progress into the Dublin/Monaghan and Dundalk
bombings.
The terms of reference was obtained from the Attorney General Michael
McDowell, at Government Buildings, Dublin, on 21 February 2002.
This is not the
public inquiry that the Ludlow family has been demanding since 1998.
This page also
features a recent letter from the Department of the Taoiseach, in Dublin, which
gives further details of the private Barron Inquiry process and particularly of
the workings of the proposed Joint Oireachtas Committee that would review
Justice Barron's final report.
Draft
Terms of reference
Seamus
Ludlow
To undertake a
thorough examination, involving fact finding and assessment, of all aspects of
the killing of Seamus Ludlow, including
-
the facts,
circumstances, causes and perpetrators of the killing;
-
the nature,
extent and adequacy of Garda investigations, including the co-operation with
and from relevant authorities in Northern Ireland; and
-
the reasons why
no prosecutions took place including whether, and if so by whom, and to what
extent, the possibility of the initiation of criminal proceedings was
impeded.
Seamus Ludlow, late of
Mountpleasant, Dundalk, Co. Louth, died as a result of bullet wounds, on 1 or 2
May, 1976, apparently from having been shot by a third party or third parties.
Letter to James
MacGuill,
Solicitor, Dundalk, from the Department of the Taoiseach , dated 26 March 2002.
Dear Mr MacGuill,
I refer to our recent
meeting with the Attorney-General and the question which arose at the meeting
regarding the follow-up process to the examination by the Barron Independent
Commission of Inquiry.
This is to confirm
that Judge Barron will set out the results of his examination in a report and
that report will be submitted to the Government.
As of now and
subject to the outcome of the Supreme Court decision in the Abbeylara case it
is proposed that:
-
The report will
be examined in public session by the Joint Oireachtas Committee on
Justice, Equality, Law Reform, Defence and Womens Rights or a
sub-committee of that Committee. (Because of the separation of powers
between the Executive and the Legislature, it is not possible for the
Government to direct the Oireachtas or a Committee thereof to take a
particular action. However, the Government would do everything within its
power to ensure that the Committee took this action and as cross-party
support is expected for this approach, the Government are confident that
matters would unfold along the lines envisaged."
-
The Joint
Oireachtas Committee would direct that the report prepared by Judge Barron
would be submitted to it, in order for it to advise what the Oireachtas as
to what further action, if any, would be necessary to establish the truth
of what happened.
The Committees of
the Houses of the Oireachtas (Compellability, Privileges and Immunities of
Witnesses) Act, 1997 enables the Oireachtas to confer power on an Oireachtas
Committee to send for persons, papers and records and it is envisaged that, if
it seems necessary in the light of Judge Barron's report, these powers would
be invoked.
As the Government
see the ,matter, there would be three approaches open to the Committee:
-
advise that the
report achieved as far as possible the objective of finding out the truth
and that no further action would be required or fruitful;
-
advise that the
report did not achieve the objective which could only be done through a
public inquiry; or
-
advise that the
report did not achieve the objective and the Committee should examine the
matter further (as outlined previously, the options available to such
committees or subcommittees include public hearings and powers to send for
persons, papers and records).
I an to confirm
that, as indicated in earlier correspondence and at our recent meeting, the
Government are prepared to meet the reasonable costs of legal and any other
relevant assistance to your clients in respect of their involvement in the
work of the Commission of Inquiry.
Yours sincerely,
Paul McGarry,
Northern Ireland
& International Division.
I Top I I Hamilton
Inquiry I
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