Charles Flanagan (Laois-Offaly, Fine Gael)

Deputies Roche, Brennan, O'Dea, Dermot Ahern and others have clearly forgotten the other judgment of the same learned Mrs. Justice Denham on the operation of the Mahon tribunal last year. I refer to the second O'Callaghan judgment of 30 March 2007, in which she stated: "the work of the Tribunal is of great importance to the community ... The very institution of the Tribunal with its powers risks baseless allegations being made". This was prophetic indeed, except that no one expected the baseless allegations to come from the corridors of power not far from where we are sitting.

The Denham judgment refutes all allegations of unfairness and bias in the tribunal's procedures. Mrs. Justice Denham categorically refutes these allegations when she states: "A reasonable person, having knowledge of all the facts, and perceiving these decisions of the Tribunal . . . would not have a reasonable apprehension of bias, impartiality or unfairness on behalf of the Tribunal, [and] would not have a reasonable apprehension of prejudgment on the issue of credibility by the Tribunal." She then comments on the procedures of the tribunal, which have since been scathed by the Fianna Fáil Cabinet, saying that in the first instance the tribunal had established its own procedures, none having been given to it by the Government, and that those procedures had in fact illustrated a very careful approach by the tribunal all along. Mrs. Justice Denham also calls on bodies not to interfere with the work of the tribunal, stating that it was highly undesirable that the court would have to be called in to review the work of the tribunal while it is still at hearing. She stated that it was the people's representatives who had established the tribunal and set its terms of reference and that no time limit was set by the Oireachtas for the tribunal to complete its work.

These are things that are unlikely to be repeated, but it was this House and this Government that established the tribunal, this Government that set its terms of reference, and this Government that chose not to place a time limit on its operation, and now it is this Government that is seeking to undermine the credibility of the tribunal and its work, but only because it has become too close to the heart of the Government, namely the Taoiseach and his finances.

I listened with interest to Deputy Mansergh speaking about people on this side of the House prejudging the tribunal.

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