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	Irish Law Reform Commission Papers and Reports
You are here: BAILII >> Databases >> Irish Law Reform Commission Papers and Reports >> Public Inquiries Including Tribunals Of Inquiry, Report on (LRC 73-2005) [2005] IELRC 73(9) (May 2005) URL: http://www.bailii.org/ie/other/IELRC/2005/3(9).html Cite as: [2005] IELRC 73(9)

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CHAPTER 9 SUSPENSION, DISSOLUTION OR TERMINATION OF A TRIBUNAL OF INQUIRY

A Introduction

9.01     In this chapter the Commission considers the circumstances in which a tribunal may be suspended, dissolved or terminated and makes proposals for reform in that respect.

B Suspension

9.02     There may be circumstances where it is necessary to suspend the work of a tribunal of inquiry. For example, it might be deemed necessary to do so pending the outcome of criminal proceedings thus ensuring that the work of the tribunal would not have the effect of prejudicing downstream criminal proceedings. However, the Tribunals of Inquiry (Evidence) Acts 1921 to 2004 do not provide for the suspension of the work of a tribunal of inquiry.

9.03     The courts already have the power to suspend the work of a tribunal of inquiry by injunction. An example of this is provided by O'Brien v Moriarty.^[1] In this case, the applicant sought to judicially review the decision of the tribunal to inquire into certain matters, and an injunction restraining the tribunal from proceeding to hear those matters pending the determination of the judicial review proceedings. The Supreme Court in granting leave to apply for judicial review also granted the injunction on the basis that: "the balance of convenience more strongly favours the grant of an injunction in a situation where the grounds upon which leave to apply for judicial review is granted would, if

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successful, mean that there would be no public hearing at all on the matter in issue." ^[2]

9.04     The Commission is of the view that the tribunals of inquiry legislation should contain a power to suspend the work of tribunals of inquiry in exceptional circumstances in order to facilitate and not prejudice criminal prosecutions. The Commission recommends that this power should only be exercisable on foot of a resolution of both Houses of the Oireachtas such resolution being sponsored by the Minister responsible for the operation of the tribunal.

9.05     The Commission recommends that the tribunals of inquiry legislation should be amended to confer a power on the Houses of the Oireachtas, to suspend by resolution the work of a tribunal in exceptional circumstances, such resolution being sponsored by the Minister responsible for the operation of the inquiry.

C Dissolution

9.06     A tribunal of inquiry will generally come to an end when the chairperson has submitted its report to the Minister and has done any further work necessary to wind up the inquiry, such as the assessment of costs. However, the Tribunals of Inquiry (Evidence) Acts 1921 to 2004 do not expressly provide for this. The Commission notes that the UK Inquiries Act 2005 provides expressly for the dissolution of an inquiry on the date, after the delivery of the report of the inquiry, on which the chairperson notifies the relevant Minister that the inquiry has fulfilled its terms of reference. The Commission considers that this clarifies in an important respect the issue of finality of tribunals and recommends that a similar provision be introduced in this jurisdiction.

9.07     The Commission is of the view that the tribunals of inquiry legislation should be amended to deal expressly with the circumstances in which a tribunal of inquiry stands dissolved on fulfilling its terms of reference.

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D Termination

9.08     The Commission now turns to consider whether an express power to terminate a tribunal of inquiry should be conferred.^[3] It may become necessary to terminate a tribunal for a variety of reasons, for example, it might not be fulfilling its terms of reference, it may be costing too much for the good it is doing, or it may become evident at an early stage what the 'wrong' was and what should be done to ensure that it does not happen again.

9.09     The Tribunals of Inquiry (Evidence) Acts 1921 to 2004 do not provide any mechanism by which the work of a tribunal of inquiry may be terminated.

(1) The Consultation Paper

9.10     In the Consultation Paper the Commission recommended that a power of termination should be conferred. It recommended the following provision be inserted into the tribunals of inquiry legislation: "Where at any time it has been resolved, for stated reasons, by both Houses of the Oireachtas that it is necessary to terminate the work of the tribunal, the relevant Minister or the Government may by order dissolve the tribunal."^[4]

(2) Discussion

(a) Commissions of Investigation

9.11     The Commissions of Investigation Act 2004 does not lay down a mechanism by which a commission established pursuant to that Act may be terminated other than where it has presented its report, or a decision has been taken to establish a tribunal of inquiry.^[5]

(b) United Kingdom

9.12     Section 14(1) of the UK Inquiries Act 2005 sets out the methods by which an inquiry may come to an end. In most cases an inquiry will end when the chairman has submitted a report to the

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Minister and has done any further work necessary to wind up the inquiry, such as costs assessment. However, there might be situations before the submission of the report in which it is no longer necessary or possible for the inquiry to continue. The Explanatory Notes to the Bill give a number of examples of this: "New evidence may emerge that obviates the need to hold an inquiry or demonstrates that the inquiry has the wrong focus, for example, if it emerged during an inquiry that the event being investigated was an act of sabotage rather than failings of a particular system. In such cases, the Minister is able to bring the inquiry to a close. If there is still a need for investigation, the Minister might choose to start a new inquiry, with different terms of reference and possibly a change in panel membership."^[6]

(3) Recommendation

9.13     Conferring the power to terminate a tribunal of inquiry on the Oireachtas has a number of advantages. First, the Oireachtas has the power to establish a tribunal of inquiry. It would follow, therefore, that it should be given the power to terminate a tribunal that it has created. In addition, the requirement of a resolution being passed by the Oireachtas to authorise the termination of a tribunal reduces the risk of abuse by an Executive which, for reasons of expediency, might wish to terminate a politically embarrassing investigation.

9.14     However, as against this, it could be argued that as the Oireachtas is dominated by the Government parties the ability of the Oireachtas to act as a check on the Government is rendered ineffective. Indeed, this risk of political interference might be regarded as the strongest argument against granting the Oireachtas such a power. It could be argued that if a Government were motivated by such considerations in relation to a tribunal it would not have set up the tribunal in the first place. Nevertheless, the Commission is conscious that it is important that reasons be given before a tribunal can be wound up.

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9.15     The Commission considers that, aside from the furore likely to be aroused from the public and the media in the event an attempt is made to terminate a tribunal for political reasons, the safeguard proposed, namely, the requirement of a joint resolution of both Houses of the Oireachtas terminating the tribunal for stated reasons, would ensure public confidence in the system.

9.16     The Commission recommends that the following provision be inserted into the tribunals of inquiry legislation "Where at any time it has been resolved, for stated reasons, by both Houses of the Oireachtas that it is necessary to terminate the work of a tribunal, the relevant Minister or the Government may by order dissolve the tribunal."

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Note 1   Supreme Court 12 May 2005.    [Back]

Note 2   Supreme Court 12 May 2005 at 23, 24 per Fennelly J.     [Back]

Note 3   See Consultation Paper at paragraphs 5.87-5.92.    [Back]

Note 4   See Consultation Paper at paragraph 5.92.     [Back]

Note 5   Section 43.    [Back]

Note 6   Explanatory Notes to the Inquiries Bill 2005 at clause 22.    [Back]