Brian Cowen (Laois-Offaly, Fianna Fail)

That is why we established the tribunals. The problem with the tribunal is that it has gone on for so long. That is because we do not have sub judice rules and because of the inadequacy of the legislative framework under which they operate, the Tribunals of Inquiry (Evidence) Act 1921, which people in this House have consistently debated and highlighted in the past ten years.

The Taoiseach, as has been suggested, is not entitled to go to the courts to maintain and protect his good name in respect of procedures or issues of law, as he sees it, that arise. Deputy Gilmore was incomplete in his suggestion that the Taoiseach would not be prepared to provide documentation which is part of the privileged relationship he and his clients and representatives have with their advisers. He is entitled to seek a judicial review on that matter as he does not have the information the tribunal people have on their bogus dollar claim and how they came up with their theory. The problem is that a series of conjectures can be put before us and turned into fact by Deputy Kenny on the basis that he sees some political capital emerge for him, whereas it is simply consistent with the philosophy that has informed his party since its foundation.

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