In Ireland, there are several kinds of

public inquiry A tribunal of inquiry is an official review of events or actions ordered by a government body. In many common law countries, such as the United Kingdom, Ireland, Australia and Canada, such a public inquiry differs from a royal commission in that ...

. A Tribunal of Inquiry, often simply called a tribunal, is a powerful type of

statutory inquiry The Inquiries Act 2005 (c 12) is an Act of the Parliament of the United Kingdom. According to the explanatory notes, published by the Department for Constitutional Affairs, the Act "is intended to provide a comprehensive statutory framework for ...

whose procedures are governed by the

Tribunals of Inquiry (Evidence) Act 1921 The Tribunals of Inquiry (Evidence) Act 1921 was an Acts of Parliament in the United Kingdom, Act of Parliament in the United Kingdom, now repealed, which set out the powers and functions of certain Tribunals of Inquiry along with the procedure ...

as amended.Citizens Information Board 2009 An Oireachtas inquiry is a less powerful non-statutory inquiry controlled directly by the

Oireachtas The Oireachtas (, ), sometimes referred to as Oireachtas Éireann, is the bicameral parliament of Ireland. The Oireachtas consists of: *The President of Ireland *The two houses of the Oireachtas ( ga, Tithe an Oireachtais): ** Dáil Éireann ...

(parliament). A 2013 proposal to strengthen the power of Oireachtas inquiries was defeated at a

referendum A referendum (plural: referendums or less commonly referenda) is a Direct democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...

. The Law Reform Commission published a report in 2005 examining the operation of public inquiries and recommending changes. 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.

Tribunals of inquiry

Tribunals have been held to address many political controversies, increasing in frequency since the

Beef Tribunal The Tribunal of Inquiry into the Beef Processing Industry, also known as the Beef Tribunal, was established on 31 May 1991, chaired by Mr. Justice Liam Hamilton. It was set up to inquire into malpractice in the Irish beef processing industry, m ...

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 The Tribunal of Inquiry into Certain Planning Matters and Payments commonly known as the Mahon Tribunal after the name of its last chairman, was a public inquiry in Ireland established by Dáil Éireann in 1997 to investigate allegations of cor ...

(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 The United Kingdom of Great Britain and Ireland was a sovereign state in the British Isles that existed between 1801 and 1922, when it included all of Ireland. It was established by the Acts of Union 1800, which merged the Kingdom of Grea ...

before the setting up of the

Irish Free State The Irish Free State ( ga, Saorstát Éireann, , ; 6 December 192229 December 1937) was a state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independence between ...

and as such remains in

Ireland Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...

. It has, however, been amended since by several

Acts of the Oireachtas This is a list of Acts of the Oireachtas (Irish parliament) for the years 1922 to present. ;Notes In the lists below, unless otherwise stated, all Acts are public Acts. Prior to 2003, the short title of legislation included a comma before the y ...

. The chair of the inquiry is mandated by the

(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 Terms of reference (TOR) define the purpose and structures of a project, committee, meeting, negotiation, or any similar collection of people who have agreed to work together to accomplish a shared goal. Terms of reference show how the object ...

of the inquiry are given as part of that warrant. Tribunals of Inquiry are established by the Oireachtas where the

evidence Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidenc ...

of malfeasance might not be enough to secure a

criminal conviction In law, a conviction is the verdict reached by a court of law finding a defendant Guilty (law), guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of "not proven", w ...

, but where

public policy Public policy is an institutionalized proposal or a decided set of elements like laws, regulations, guidelines, and actions to solve or address relevant and real-world problems, guided by a conception and often implemented by programs. Public ...

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. The

Comptroller and Auditor General An auditor general, also known in some countries as a comptroller general or comptroller and auditor general, is a senior civil servant charged with improving government accountability by auditing and reporting on the government's operations. Fre ...

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.Comptroller and Auditor General, 2008, p.24 §2.16, fig 2.3 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.

List

;Notes:

Other inquiries

Non-tribunal official inquiries, and subsequent reports, include:Comptroller and Auditor General, 2008, p.95 fig.A.1 * 2005–2007: Commission of Investigation: Dublin and Monaghan Bombings 1974 (Sole Member: Patrick MacEntee) * 2005: the Travers Report into overcharging of fees at some

nursing home A nursing home is a facility for the residential care of elderly or disabled people. Nursing homes may also be referred to as skilled nursing facility (SNF) or long-term care facilities. Often, these terms have slightly different meanings to i ...

s. Between refundable fees and legal costs the Tribunal's findings would cost €500 million. * 2005: the

Ferns Report The Ferns Report (2005) was an official Irish government inquiry into the allegations of clerical sexual abuse in the Roman Catholic Diocese of Ferns in County Wexford, Ireland. Scope The Inquiry was set up by the Government of Ireland to identi ...

on clerical sexual abuse in the Irish Catholic Diocese of Ferns, County Wexford * 2008: the Baker–Tilly Report into

procurement Procurement is the method of discovering and agreeing to terms and purchasing goods, services, or other works from an external source, often with the use of a tendering or competitive bidding process. When a government agency buys goods or s ...

practices at Córas Iompair Éireann * 2000–2009 The

Ryan Report The Commission to Inquire into Child Abuse (CICA) was one of a range of measures introduced by the Irish Government to investigate the extent and effects of abuse on children from 1936 onwards. Commencing its work in 1999, it was commonly known ...

(CICA) on child abuse at religiously run institutions * 2006–2009: The

Murphy Report The Murphy Report is the brief name of the report of a Commission of investigation conducted by the Irish government into the sexual abuse scandal in the Catholic archdiocese of Dublin. It was released in 2009 by Judge Yvonne Murphy, only a few ...

on the

Sexual abuse scandal in Dublin archdiocese The sexual abuse cases in Dublin archdiocese are major chapters in the series of Catholic Church sexual abuse cases in Ireland. The Irish government commissioned a statutory enquiry in 2006 that published the Murphy Report in November 2009. Han ...

Bibliography

* * * * * Reports of particular tribunals of inquiry, listed in the "Report laid" column of the table above.
Oireachtas debates

References

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