Willie O'Dea (Limerick East, Fianna Fail)

The tribunal was established in November 1997 under the Tribunals of Inquiries Act to inquire urgently "into definite matters of urgent public importance". I find it impossible to understand how it can regard and treat a general trawl in public into the Taoiseach's life as a definite matter of immediate public importance. I remind the House of the Supreme Court decision in Fitzwilton v. Mahon. It ruled that the tribunal had been in breach of its own terms of reference in making its decision on its J2 list and that it had no jurisdiction to inquire into matters on that list. Despite the Opposition's claims, the J2 list is not a red herring. The Taoiseach became aware in July that the tribunal had made a decision on 1 May 2005 to go to public hearing on any matters whatsoever concerning him, with no limit on any allegation or subject matter. This is a wholly unprecedented decision which appears to have allowed a general trawl in public into all aspects of the Taoiseach's life from cradle to the grave.

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