Mary Harney (Dublin Mid West, Progressive Democrats)

I was asked by Deputy Twomey why the Leas Cross report was not published sooner and what was the legal advice. The report was commissioned by the Health Service Executive. The HSE received strong legal advice that it could not publish the report unless those who could be identified through it by virtue of the jobs they held had the opportunity to have their perspectives taken on board. I sought the advice of the Attorney General to see whether I could use the privilege of the House to publish the report, or do so through an Oireachtas committee. Again, the very strong advice I got from the Attorney General, about three weeks ago, was to the effect that if Professor O'Neill was not happy to take on board the input of those referred to, somebody else could do it and the report could then be published. That is what happened. People can criticise it, but tribunals have been established by this House which hear evidence in public and people have an opportunity to take legal advice in considering the questions being put to them.

It is no secret that the Moriarty tribunal, as we know from the newspapers, circulated facts it was going to disclose about individuals last September. Notwithstanding that they are public tribunals, hearing evidence in public, they are required under natural justice, according to the Constitution, to give the individuals concerned the opportunity to see the conclusions being drawn about them and to have an input. That is the law under which we operate, and the Constitution.

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