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retracting or setting aside the report of a Tribunal

  • 19-01-2018 11:11pm
    #1
    Carawaystick
    Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭


    What would be the procedure for the state to retract or set aside the findings of Kevin Lynch in the Kerry Babies tribunal?

    How was it done in Derry with Widgery/Saville? Would the same proicedure apply here? or are our tribunal laws very different?


Comments

  • #2
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    Carawaystick wrote: »
    What would be the procedure for the state to retract or set aside the findings of Kevin Lynch in the Kerry Babies tribunal?

    How was it done in Derry with Widgery/Saville? Would the same proicedure apply here? or are our tribunal laws very different?

    I don't know. I have never heard of such a procedure.

    I expect that some tribunal reports with their associated findings might go the same way as a judgment that is regarded as having been formed per incuriam i.e. it is no longer regarded as having any standing or substance and although it still exists it is discredited, regarded as unreliable and not used as an authority for any proposition.

    A tribunal report with it's associated findings is not amenable to being "appealed" like a decision in a lower court. They might be subject to a challenge by way of judicial review. However, judicial review is more about procedural propriety and procedural fairness as distinct from the inherent substance of any findings.

    I am not aware of any procedural method to formally retract a tribunal report.


  • #3
    Peregrinus
    Registered Users, Registered Users 2 Posts: 27,004 ✭✭✭✭Peregrinus


    Carawaystick wrote: »
    What would be the procedure for the state to retract or set aside the findings of Kevin Lynch in the Kerry Babies tribunal?

    How was it done in Derry with Widgery/Saville? Would the same proicedure apply here? or are our tribunal laws very different?
    SFAIK, the Widgery Report has never been formally retracted or set aside; thereis no procedure for this. As an account of what happened on Bloody Sunday, it has been comprehensively supplanted by the much better-researched, better-resourced and more thorough Saville Report, and both its process and its findings have been widely repudiated. But it still remains the report of the enquiry conducted by Lord Widgery, setting out the views which he formed, and that will never change, because you can't rewrite history.

    Similarly for the Lynch report. The events could be subjected to a second investigation, whose conclusions might attract more support and acceptance than Lynch's conclusions, but that won't change the fact that Lynch conducted his investigation, and arrived at the conclusions that he arrived at.


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