Dáil debates

Tuesday, 12 February 2008

3:00 pm

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)

It seems the Taoiseach is now trying to elevate to the status of a constitutional principle his personal act of political self-preservation, which is what the trek to the High Court was about yesterday. It is a bit much to have him come in here and try to convince us he is doing this on our behalf to protect parliamentary privilege. The Taoiseach is doing this on his own behalf. Secondly, there is precedent for Members being questioned about what they say in the House. Former Deputies Charles Haughey and Albert Reynolds were questioned about statements they made in the House, as were former Deputies Des O'Malley, Dick Spring and Deputy Rabbitte. Several Members have been questioned about things they said here. It is not correct to equate the Howlin case with what is happening here. Deputy Howlin, as well as the other Deputies involved in cases being spun yesterday, went to court to protect the confidentiality of the sources of information they received. The Taoiseach is going to court to protect the confidentiality of the sources of money he received.

This is not about protecting parliamentary privilege. It is about pleading the Fifth. In doing so, the Taoiseach is adding to the delay in the tribunal. The Taoiseach today quoted eminent legal advice he had received, and we heard eminent legal opinion this morning that this would add six months to the proceedings of a tribunal which we all dearly wish would come to a conclusion sooner and at considerably less cost. We must remember that the reason this tribunal is going on for so long is that every time it was about to find out anything of substance, some key witness went to court to mount a legal challenge against it, just as the Taoiseach is doing on this occasion.

I put it to the Taoiseach that he is going to court either because he is playing for time or because he is trying to hide something. What did he say in the House about which he does not want the tribunal to ask questions? Could it be, for example, the statement he made here on 27 September 2006: "I paid capital gains tax and gift tax. It is not appropriate for me to spell out what I paid"? Alternatively, was it the response he gave to Deputy Rabbitte on the same day when he said: "Deputy Rabbitte asked me earlier whether there was documentation on the circumstances of these loans from the individuals concerned. There is comprehensive documentation and it is with the tribunal as well."? Are these the things he is concerned about? Are these the things about which he does not want the tribunal to ask? The Taoiseach is trying to have it both ways. He does not want us here in the Dáil to ask him questions about things he says before the tribunal, and now he does not want the tribunal to ask him about things he said in the Dáil.

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