Recent Statement and Notice
STATEMENT, 16th March 2009.
Recent print and broadcast media have suggested, incorrectly, that the Tribunal had sought permission from the Government to recall a number of its formerly retained counsel for the purpose of providing assistance with the writing of its Final Report.
The factual position is as follows: -
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In mid 2008, the government were informed by the Tribunal that three of its senior legal team members, two Senior counsel and one Junior counsel, would leave the Tribunal and return to private practice in October/November 2008, following the conclusion of the scheduled public hearings. All three legal team members left the Tribunal at that time at their own volition but agreed to a request from the Tribunal to return on an occasional basis if so requested. To date, one Senior Counsel has returned for a total of three and a half days and the Junior Counsel has returned for a total of five days. Neither were recalled to assist in the writing of the Final Report, which is and remains the responsibility of the Tribunal Members.
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No further recall of Counsel is currently anticipated by the Tribunal at this time. Such recall, if it happens, will only occur where absolutely necessary. Where such recall does occur that fact will be notified to the Department of the Environment Heritage and Local Government.
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Further additional reductions of both legal and non legal Tribunal staff have occurred between late 2008 and the present time, and, commensurate with the Tribunal’s mandate to conclude its work as expeditiously and as economically as possible, further reductions will occur during 2009.
Peter Kavanagh B.L.
Registrar
See after Witness List for
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Text of Tribunal Statement dated the 9th January 2008
2. Note Re Public Sittings for Easter to Summer 2008
WITNESS SCHEDULE AS OF 5th December 2008
It is proposed to call the following witnesses in the order set out below. However, the listing of a witness
below on a particular day and/or for a particular duration is an estimate only and is not a guarantee that
the witness will be called on that day or finished within the time currently allotted.
The witness schedule will be revised as the hearings progress.
Hearings commence at 10.30 am unless otherwise indicated.
Please find a copy of the Tribunal Statement of 9th November 2006 at the bottom of this page relating to the
'Inquiry Into the source of the Unauthorised Disclosure of Confidential Material to the Irish Times
in September 2006'.
9th January, 2008
STATEMENT
The Tribunal believes that it is appropriate that the public should understand the reasons for
the circulation of documents in advance of public hearings. Tribunals, including this Tribunal,
circulate documents to interested parties in advance of the calling of evidence. This practice
has always been followed by this Tribunal, and was extended following upon the High and
Supreme Court decisions in the O’Callaghan (No. 1) Judicial Review to include material
previously withheld. The Tribunal has endeavoured to comply with these decisions of the
Courts both in their letter and in their spirit.
The parties to whom such documents are circulated are those who are entitled to see
such documentation in advance of public hearings. The Tribunal endeavours to restrict
the number of parties to whom such documentation is circulated as far as legally
permissible. This is to ensure, as far as possible, that parties who are not entitled
to see particular documentation do not in fact see that material in advance of public hearings.
As the Tribunal draws closer to the conclusion of its public hearings, it is anxious
that the public be reminded of the difficulties encountered by the Tribunal since its
inception as a result of the unauthorised disclosures.
Where such unauthorised disclosure occurs, the Tribunal endeavours to investigate
the circumstances in which such unauthorised disclosure took place, and the
source of such unauthorised disclosure. It has, on occasion, sought the assistance
of An Garda Siochána and has instituted proceedings in the Courts in efforts to
prevent unauthorised disclosure or identify the source of unauthorised disclosure.
The Tribunal is, however, limited in the steps that it can take in investigating or
preventing such unauthorised disclosure.
The unauthorised disclosure of confidential information in advance of public
hearings does not in any way assist the Tribunal, and may act as a
disincentive to parties coming forward with information relevant to the
Tribunal’s inquiries. It may also be perceived by others as potentially damaging
the reputation and integrity of the Tribunal.
Furthermore, in many instances, the unauthorised and premature disclosure
of confidential information may have the potential to damage the reputation
of individuals in circumstances where such individuals have yet to give evidence
in public to the Tribunal on issues relating to such information.
The Tribunal is anxious to emphasise the following;
1. Persons required to give evidence to the Tribunal are entitled to deal with
all relevant issues in the course of their evidence, including issues or information
referred to in documentation necessarily circulated in advance of public hearings.
2. The Tribunal will only make findings based upon the evidence given to it in public.
3. The Tribunal expects, subject to currently unforeseen circumstances, that its
public hearings will conclude later this year at which time the Tribunal will proceed
to prepare its final report.
Having regard to the foregoing and especially the potentially damaging consequences
of the leaking of confidential information in advance of public hearings, both to the
Tribunal itself and the persons affected by such information, the Tribunal makes the
following request;
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That all parties to whom information is circulated on a confidential basis will
respect that confidentiality.
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That any party provided with Tribunal documentation or information which
that party knows to have been confidentially circulated in advance of the
public hearings should refrain from publishing or otherwise disclosing
such information or documentation, or commenting upon such information
or documentation prior to it being dealt with at the public hearings of
the Tribunal, at which time the witness or witnesses affected by such
information or documentation will have the opportunity to comment upon
it as they see fit.
Susan Gilvarry
Solicitor to the Tribunal
STATEMENT OF TRIBUNAL CONCERNING ITS INQUIRYINTO THE SOURCE OF THE UNAUTHORISED DISCLOSURE OF CONFIDENTIAL MATERIAL TO THE IRISH TIMES IN SEPTEMBER 2006
It is proposed to call the following witnesses. However, the listing of a witness below on a particular day and/or for a particular duration is an estimate only and is not a guarantee that the witness will be called on that day or finished within the time currently allotted.
The witness schedule will be revised as the hearings progress.
Hearings commence at 10.30 am unless otherwise indicated.
Please find a copy of the Tribunal Statement of 9th November 2006 at the bottom of this page relating to the 'Inquiry Into the source of the Unauthorised Disclosure of Confidential Material to the Irish Times in September 2006'.
Following on the unauthorised disclosure by the Irish Times on the 21st September 2006 of the contents of a letter written in confidence by the Tribunal to its recipient, the Tribunal commenced an inquiry seeking to identify the source of this unauthorised disclosure. This inquiry has involved questioning all parties known to have had contact with, or to have had access to, the letter in question.
The following steps have been taken by the Tribunal to date in its efforts to identify the source of the unauthorised disclosure:-
1. On the 21st September 2006 the recipient of the letter, and the Solicitor to whom the contents of the letter were disclosed by him, were written to and asked to account for their custody of the original document. Responses were received by both indicating that no unauthorised disclosure of the contents of the communication had been made by them to any third party.
2. On the 25th September 2006 the Editor of the Irish Times Ms. Geraldine Kennedy and the journalist who wrote the article Mr. Colm Keena were ordered to produce to the Tribunal all documents which comprised the communication received by the Irish Times, which led to the publication. This they failed to do.
3. On the 26th September the Tribunal summoned the Editor and the journalist to a Public Hearing of the Tribunal which was conducted on the 29th September 2006, at which both were questioned as to the source of the unauthorised publication of Tribunal material. Both refused to answer any questions which they believed might disclose the identity of their source.
4. Commencing on the 2nd October 2006 a detailed examination of Tribunal records was carried out following which all Tribunal personnel who were known to have had sight of the Tribunal documentation disclosed in the article of the 21st September were individually interviewed by me as Chairman of the Tribunal. Each of these staff members was questioned as to whether or not the contents of the document were disclosed by them to any unauthorised third party or copied for any purpose whatsoever. All personnel so interviewed co-operated fully with the inquiry. All stated that they had not disclosed the content of the Tribunal communication to any unauthorised person and had not taken any unauthorised copies thereof.
5. Thereafter an inquiry was conducted of all other members of the Tribunal staff to establish whether they had any information which could assist in establishing the source of the unauthorised disclosure. All of the Tribunal staff responded to these inquiries. The responses provided did not contain any information which has allowed for the identification of the source of unauthorised disclosure.
6. On the 10th October 2006 I wrote to the Clerk of the Dail Mr. Kieran Coughlan requesting him to bring to the attention of the party leaders and members of the Oireachtas the request of the Tribunal that any information which might assist the Tribunal in its inquiries into the unauthorised disclosure of confidential Tribunal material should be brought to the attention of the Tribunal. The Tribunal was informed by the Clerk of the Dail that a copy of the Tribunal's letter was sent to the party leaders and was laid before both Houses of the Oireachtas. To date the Tribunal has not received any information from any of the party leaders, or from any members of the Oireachtas, relating to unauthorised publication of Tribunal material.
As of today's date the Tribunal's internal inquiries have not provided any evidence, which identifies or may assist in the identification of the source or likely source of the unauthorised disclosure.
The Tribunal notes that many individuals and commentators have nonetheless firmly and unequivocally stated in public that the Tribunal itself was known to have leaked the information in question. The Tribunal has found no evidence to support this assertion. The Tribunal believes that it has utilised all reasonable means of inquiry open to it at this time.
It appears to the Tribunal that until such time as the Editor and journalist are prepared, or are otherwise compelled, to disclose the information available to them, regarding the source of the documentation which formed the basis of the article published on the 21st September 2006, the Tribunal will be unable to identify the source.
The Tribunal will therefore suspend its present inquiry into this matter pending the results of its Application to the High Court under Section 4 of the Tribunals of Inquiry (Evidence)(Amendment) Act 1997 to enforce compliance by Ms. Kennedy and Mr. Keena with the Tribunal's Order. | 
