Dáil debates

Tuesday, 29 March 2011

 

Moriarty Tribunal Report: Statements

6:00 pm

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)

I am sharing my time with Deputies John Halligan, Richard Boyd Barrett, Mick Wallace, Tom Fleming and Joan Collins.

The findings of the Moriarty tribunal are very disturbing. These findings are that there was inappropriate political interference and the process through which the licence was awarded was grossly deficient, that the Government of the day acted with gross impropriety and the rules of competition were broken in evaluating the bids. However, the central contention of both Denis O'Brien and Deputy Michael Lowry is that the award of the mobile phone licence was above board, that the report is ultimately the opinion of the chairman and has no basis in law, and that it was the most expensive comic ever produced. Where exactly is the truth?

What I find alarming is that when the suggestion of wrongdoing was made all those years ago, the tribunal route was chosen, knowing that if anything illegal was established, charges could not be brought. It reminds me of the beef tribunal, which cost millions and which resulted in the arrest only of a journalist in its aftermath. This propensity to set up a tribunal with all its intricacies, instead of using the appropriate authorities, baffles me. It seems to be an elaborate ruse to prevent accountability and transparency. The beef tribunal established links between business and politics; links that continue to thrive and that must be broken. Otherwise, we will continue to be a grubby, corrupt country.

Another disquieting issue is that of public procurement. Why was there not an open, transparent auction to the highest bidder? It led to the licence being given at a fraction of what it was worth and there is still no satisfactory explanation of that fact. I find it extremely alarming that the leading businessmen mentioned in the report moved residency to other countries to avoid paying just taxes in their own country.

The cost of the tribunal is also extremely alarming. It may exceed €250 million and its 14 year timespan was partly due to the misleading testimony given to the tribunal. After 14 years, there still appear to be more questions than answers, as the song goes. The report of the Moriarty tribunal recommends wide-ranging changes in the way politics is funded. Various suggestions have been made regarding audits, tax relief and rules about disclosure. Do we seriously think they will work? There is a simple solution - no political donations, either personal or corporate, should be allowed. Plenty of charities could do with extra funding.

When 129 Members of the Dáil were surveyed last November, two thirds of them said they had no confidence in the Moriarty tribunal. Therefore, I request that no more tribunals be established. These matters should be dealt with by the Office of the Director of Public Prosecutions, the Garda Síochána or the Criminal Assets Bureau, as appropriate. The bureau has greater powers of search and seizure, including the power to freeze bank accounts and seize property. Although it can read this report, it cannot use it as a basis for evidence. It will have to start gathering evidence and re-interviewing witnesses.

The media has been robust and fair in its reports on someone who is the largest shareholder and owner of a media outlet. Many workers in the media depend on him for their living. Questions need to be asked about the roles of the Civil Service and the Danish consultant, Professor Andersen, in this process. Professor Andersen has said that the tribunal's conclusions have no factual basis. He has made the point that its findings are not consistent with the evidence given by civil servants. Who is telling the truth? Reputations are being damaged. Either Denis O'Brien and Deputy Lowry have had their reputations damaged by Mr. Justice Moriarty, or Mr. Justice Moriarty has had his professional and personal reputation damaged by Deputy Lowry and Mr. O'Brien.

The Taoiseach's fine words will only be given credence when there is an actual outcome. Irish people cannot afford these expensive processes and false promises at a time when families are suffering as a result of cuts and negative equity, small businesses are failing and bonus-paying banks are continuing to be bailed out. The country voted for a change in leadership and in government. The people do not just want a change in dealership from one clique to another - they want actual outcomes so that trust in our political system can be restored. They did not want the most obvious outcome of the tribunal, which is that certain lawyers have made a lot of money. It is important that the truth be established and, when wrong has been done, that it be punished.

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