Enda Kenny (Mayo, Fine Gael)

These included the Minister, Deputy Dermot Ahern, who said he was "astounded" by what the tribunal was doing. The Minister, Deputy Brennan, complained about a lack of fairness. The Minister, Deputy Dempsey, said that Ministers had criticised the tribunal out of a sense of political loyalty, a case of putting party interests before the national interest. However, not to be left out, the Minister of State, Deputy Roche, capped them all. In an outrageous attack he accused the tribunal counsel of being "petty, personal and provocative". He accused it of asking questions which were "quite unacceptable", he referred to unfair procedures, "unacceptable in a civilised society", "appalling treatment" and said that the tribunal was "badgering" the Taoiseach.

Following these attacks, on the morning of 21 December 2007, Judge Mahon gave a summary of the tribunal's approach to the Taoiseach's cross-examination. It is important to read his comments into the record of this House so that no Member can be under any illusion or any misunderstanding about what the tribunal is doing. He said:

A tribunal of inquiry is inquisitorial in nature and it approaches its work — especially the taking of evidence in public — on this basis. It does not make allegations or promote any particular view or predetermine any matter. Evidence given in public hearings, including documentary evidence, can be true or false, or be partly true or be partly false. False or inaccurate evidence can be given accidentally or innocently, or more seriously can be given intentionally and designed to mislead the inquiry.

It would be a useless and meaningless exercise for a tribunal to merely put every witness into the witness box and simply record his or her evidence without question or where appropriate without challenge. . .

It is the role and duty of counsel to the tribunal to probe and test the evidence of witnesses and of documentary evidence in a manner which will ensure that the tribunal will have at the end of the day the fullest possible picture of the evidence so that it will be in a position to determine the accuracy and effect of that evidence, especially in those circumstances where there is apparent conflict between the testimony of witnesses or with documentary evidence.

Importantly he concluded:

Cross-examination of a witness where there is a significant absence of supporting documentary evidence, which it has to be said is not an indication of anything improper, is lengthy, complex and at times tedious. In so far as any of these descriptions might be deemed to apply to the cross-examination of the Taoiseach, the tribunal is satisfied that such detailed cross-examination is necessary and appropriate if the tribunal is to be placed in a position where it can ultimately, properly and fairly adjudicate on the issues arising. In no way is Mr. Ahern being treated any differently to any other witnesses in this regard.

Those are the clarifying words of the chairman the morning after these attacks. Judge Mahon does not have the facility of going on the public airwaves to defend the work of his tribunal. So it is appropriate that his words be put on the record of the House for everybody to read. I have taken time to put Judge Mahon's words on the record of this House so that anyone who speaks on this debate and who wants to repeat the accusations they made of bias, unfairness, astounding questions, prying, prurient questions, stitching people up, having an agenda or acting illegally will make those comments in the full knowledge of what Judge Mahon said.

Tonight the Government has put before this House a cobbled-together amendment to try to hold together the strings of a rag-bag of an exhausted Government for which the concept of collective Cabinet responsibility has gone out the window. I will explain to the House why Fine Gael will not accept the Government amendment. It drops references to bias and independence which were the claims made by Fianna Fáil Ministers. It proposes the enactment of a Bill which would allow the Government to close down the Mahon tribunal and it virtually invites Ministers to criticise the tribunal's procedures and welcomes opportunities to discuss procedures.

The Government motion is a clear defeat for the absent Progressive Democrats and the absent Green Party——

See this speech in context