Enda Kenny (Mayo, Fine Gael)

I welcome the fact that the House will hold a comprehensive debate on the final report of the Moriarty tribunal. I am sure that Members will appreciate that I am somewhat constrained in what I can say because there are legal proceedings before the courts.

A devastating critique of a powerful elite exposing a gross abuse of privilege; a rank abuse of public office and a devastating abuse of public trust is

how I described the first Moriarty report when I sat in the seat currently occupied by Deputy Martin. Across Ireland, four years later, people might think, "Here we go again." I assure them that is certainly not the case because the recent election did matter. The people's vote did and will bring change. They were right to place their trust in a new Government. Consequently, on this final Moriarty report, they can expect anything but more of the same. I know that yet another report reeking of fanatical greed or an obsessive attachment to power and breathtaking attempts to acquire, use and access privilege is enough for the people of Ireland. In fact, it is too much - way too much, as they watch their own lives imploding and the future they had planned disappearing. This report will weary and bewilder people more than others. In these straitened times, when people are hurting and suffering so badly what the report exposes is all the more galling, damaging and worrying. In a well-functioning democracy, a republic, this information, difficult as it might be, is essential.

I welcome the publication of the final report of the Moriarty tribunal. I welcome the fact that the tribunal does two important things: It exonerates the members of the then Government of any wrongdoing in the awarding of the licence and it asserts that the normal decision-making procedures were bypassed in that case. The tribunal finds seriously against Deputy Michael Lowry and others who are major players in Irish business and public life. The Minister for Justice and Law Reform has already addressed the arrogance, unseemliness and danger of their public reaction.

Deputy Lowry, however, was elected to the Dáil, the highest forum in the land, on the basis of public trust. It is here in this forum that I expect him to avail of the opportunity to answer Mr. Justice Moriarty's finding against him. I expect him to do so forensically and willingly and not from any sense of ego or position he and others might have adopted from the outset of this tribunal, or from any sense of mandate. I cannot imagine a mandate from the Irish people, or true democrats anywhere, that would involve an order, desire or permission for the behaviour outlined in the report.

I remind the House that, even before the tribunal, when the first issue regarding Deputy Lowry's conduct arose, Fine Gael acted immediately. He was removed from Government office and then from the party itself. Fine Gael did so in keeping with the party's desire to maintain probity and standards in politics, as befits the party that founded the State. Fine Gael's response was swift and appropriate, in sharp contrast with the blind and tribal defences mounted by other parties in comparable circumstances. In that context, I welcome equally the tribunal's recommendations. In many ways, the recommendations reflect the vital reform plans of this Government. This is a serious report that merits a serious response. Previous tribunals elicited thousands of words, but pitiful inaction on the part of those who then sat on this side of the House. The new Government breaks from that precedent and will act definitively and decisively.

We referred the Moriarty report to the Garda Commissioner, the Director of Public Prosecutions and the Revenue Commissioners without issue, hesitation or equivocation. Earlier today, the Cabinet considered the report and directed the relevant Departments to provide a comprehensive report for the Government within four weeks on the report's recommendations so that appropriate action can be taken in respect of a number of them. We plan further direct action to sever the links between politics and business once and for all and, in so doing, achieve three fundamental goals: stop the further pollution of our society; re-establish a moral code and order regarding public life; and, through that, restore public confidence in politics and government.

In is in that context that I want to deal with the tribunal's interaction with the Fine Gael Party. In September 1997, the then Government voted unanimously to set up the Moriarty tribunal. Fine Gael assisted the tribunal in every way possible to the degree that, on occasion, the tribunal commended the party on its assistance and co-operation. To the best of my knowledge, Fine Gael was the only political entity before the tribunal to waive its entitlement to legal privilege and make available all notes, letters and attendance notes that were available to the party's legal advisers for the purpose of obtaining a legal opinion from an eminent senior counsel. By any objective measure, these are not the actions of a party that had anything to hide.

With regard to the issue of the much discussed Telenor donation to the party, mindful of its obligations to the tribunal, and concerned that the donation might fall within the terms of reference of the tribunal, Fine Gael sought the opinion of a senior counsel, who gave the clear opinion that this donation did not fall within the remit of the tribunal. That legal opinion stated the donation in question was a donation to the party and that, because it was a party donation and was of no benefit to Deputy Michael Lowry, it did not fall within the tribunal's remit. Fine Gael acted on that legal opinion. To clear up any doubt that might exist about the clarity of this opinion, I have instructed Fine Gael Party officials to publish it on the party's website immediately.

For its part, the Moriarty tribunal has recognised Fine Gael's entitlement to adhere to the strong legal opinion it received. Equally, the tribunal expresses its regret that the party did not over-ride that opinion. There are three points I would like to make in this regard. First, I do not just share Mr. Justice Moriarty's regret as I believe our party's failure to over-ride the legal opinion was, in hindsight, wrong.

Second, the circuitous and clandestine way in which the cheque was routed to the party was also wrong. This resulted in the then party officials not being initially aware of the true source of the donation. When the source did become known, the position of the party leadership was unequivocal. Section 62.04 of the Moriarty tribunal report, which outlines the final conclusions of the report, states: "That donation was unwelcome to the party and was rejected by the party leader". Not alone did the then Taoiseach, Mr. John Bruton, reject it, he ordered that the money be returned. The tribunal report states:

[It] is satisfied that he [John Bruton] sought to convey to Mr. Austin that acceptance of the donation was then entirely inappropriate. This is confirmed by his subsequent direction that the donation should immediately be returned to the donors on learning that, contrary to his wishes, the donation had in fact been received by Fine Gael.

Thereafter, when Deputy Michael Noonan became leader and the donation was once more at issue, he in turn ordered that all relevant documentation be made available to the tribunal with alacrity and seriousness. The tribunal welcomed his actions in so doing. Third, in the context of the new, revitalised republic we are in the process of building, with the Government and people working together in trust and partnership, neither action would happen today.

To recreate political virtue, rebuild public trust and restore our reputation, it is no longer sufficient to do what is correct. To achieve even a fraction of that, we must do what is right. While what is correct starts in legal opinions and rules and legislation, what is right starts here in the human heart, in our conscience, in respect for our neighbour, and in the values that define who we are and what we want to be. If this is how we try to live our lives, this is how we should practise our politics. I speak for the entire Government when I say this is what will inspire and drive our tenure in office.

In the programme for Government, which was published by the new Government and endorsed by this House prior to the publication of the Moriarty tribunal's report, we set out proposals for the most comprehensive programme of political reform since the 1930s. We believe politics must be about service to the public, and not to provide financial gain for politicians or anyone else. We have already kept our promise to reduce the salaries of members of the Government and to reform the arrangements in regard to ministerial transport.

With regard to the relationship between business and politics, we committed ourselves to introducing the necessary legal and constitutional provisions to ban corporate donations to political parties. I am informed by the Minister for the Environment, Heritage and Local Government that this legislation is now being prioritised and that it should be published before the summer. We also committed ourselves to reducing the limits on donations to political parties and candidates and to requiring disclosure of all aggregate sums above a limited threshold. We promised to introduce a statutory register of lobbyists, in addition to a set of rules governing the practice of lobbying.

With regard to the relationship between civil servants and Ministers, we need to introduce reforms that reflect the transformation taking place in this relationship in light of the public service transformation programme. The programme for Government outlines substantial reforms in this area.

We will introduce whistleblowers legislation and return freedom of information legislation to where it was before the 2003 Act was introduced. We will amend the Official Secrets Act, retaining a criminal sanction only for breaches that involve a serious threat to the vital interests of the State. We will scrap the current restrictions on the nature and extent of evidence by civil servants to Oireachtas committees and replace them with new guidelines that reflect the reality of the authority delegated to them and their personal accountability for the way it is exercised. We will amend the rules to ensure that no Minister or senior public servant, including a political appointee, can work in the private sector in any area involving a potential conflict of interest with his former area of public employment until at least two years have elapsed after he has left public service. We will also introduce reforms which, while not directly related to issues emerging from the Moriarty tribunal, will ensure that trust is restored in our democratic institutions and that the concerns of citizens, rather than the elites, are placed firmly at the centre of Government.

In its terms of reference, the Moriarty tribunal was asked to bring forward any recommendations which it deemed appropriate to the matters investigated by it. In this context, in addition to dealing with the issue of political donations, the tribunal's final report outlined a series of recommendations in the areas of company law, the independence of the Revenue Commissioners and the future conduct of tribunals of inquiry.

With regard to Mr. Justice Moriarty's comments on the conduct of tribunals of inquiry, the Government has restored the Tribunals of Inquiry Bill to the Dáil Order Paper. This Bill will provide for a comprehensive reform and consolidation of the current legislation relating to tribunals of inquiry to put in place a modern and comprehensive statutory framework governing all aspects of the operation of a tribunal, from the time of its establishment to the publication of its final report. The Bill implements in large part the proposals contained in the Law Reform Commission's report on public inquiries, particularly those relating to the more efficient management and operation of public inquiries. We will review the Bill in the context of the report's recommendations on tribunals of inquiry.

Much comment has been made on the effectiveness of using tribunals at all for inquiring into matters of urgent public importance. The Government is committed to holding a referendum, subject to approval by the Oireachtas, to reverse the effects of the Abbeylara judgment and enable Oireachtas committees to carry out full investigations.

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