Pat Rabbitte (Dublin South West, Labour)

As the Deputy suggested, I do not intend to get through 2,500 pages tonight. Every single page of the report merits careful reading, however, which, as the Deputy said, will take time. I have defended the tribunal taking as much time as is consistent with its remit as recently as during the recent general election campaign. I deplore any unwarranted attacks on the tribunal but people on all sides of the House have expressed views about this tribunal, other tribunals and the appropriateness of public inquiries under statute that precedes the foundation of the State.

The fact it is 14 years since this tribunal was established is a matter that ought to concern us all. While that is not said without acknowledging that steps were taken along the way which contributed to this delay, it is desirable none the less that in future we should be able to examine such matters in a far speedier fashion than has happened in this case.

I cannot say to the Deputy without studying the report that there is something in it that can be referred to the Director of Public Prosecutions. Some suspected offence would have to lie before that decision could be made. I can commit to the Deputy that, as soon as may be, I will take the advice of the Attorney General in terms of the implications in this regard.

The Deputy raises a difficult question on the matter of how Ministers relate to civil servants. From what I have read the tribunal goes out of its way to make the point it is not unreasonable that civil servants would communicate with their Minister confident in the knowledge their communication would be secure - which is the issue that arises here. An attempt was made to create a process that was ringfenced from the Minister. However, I find it difficult to envisage circumstances where there would not be everyday, casual, informal interaction between senior officials and Ministers. One could regulate out of existence what is, generally speaking, a productive and healthy relationship.

There are commitments in the programme for Government to address this issue. Changes have been made since in terms of the operation of regulators such as ComReg, fencing them off from political intervention of any kind. For that reason I do not envisage this could easily happen again but there will be certain circumstances. In my Department, for example, Spectrum will be auctioned but because of the safeguards taken I do not believe the same is likely to happen. However, the Deputy has raised an uneasy question about that relationship. In fairness, it is important to say that Mr. Justice Moriarty does not say the decision was incorrect. He does not make that claim but instead points out that the seal of confidentiality on the process was breached.

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