Mattie McGrath (Tipperary South, Independent)

I am pleased to have the opportunity to speak on this important issue. After 14 years we are no closer to a just conclusion to the allegations of corruption in the allocation of the second mobile telephone licence to Denis O'Brien's Esat Digifone in 1995. It might have been thought that after 14 years, costs of over €40 million and a 2,000 page report the matter would finally be clarified but that is not the case. The two people most involved, former Minister, Deputy Michael Lowry, and Denis O'Brien deny the accusations made by Mr. Justice Moriarty in his report. Now it is up to them, if they wish, to mount a challenge in the High Court.

The whole saga is very damaging for our international reputation and the rule of law in our society. It sends out a wrong message to people all over the world looking at our country and its current dire situation, not to mention the effect on ordinary people, those out of work, those struggling to maintain businesses and those with family difficulties, not to mention the issues with regard to the economy. Previous Governments should have been more focused on providing fairness and equality and honest opportunities to everybody. If illegal or criminal activity is suspected on the part of any individual, that should be a matter for the Garda and the DPP.

It is unlikely that we will ever get to the bottom of this controversy or bring it to a satisfactory conclusion. However, there is a strong possibility of further legal hearings and further costs for taxpayers. For that reason the use of these ineffective and outrageously expensive tribunals of inquiry must be questioned. What is the benefit of not referring such issues to the courts and normal legal structures of the State from the outset? The State either operates according to the rule of law or does not. I strongly believe that anybody who steps outside the law, no matter who, should be investigated by the Garda and the case should then be sent to the DPP and the file sent on for prosecution. The Office of the Director of Public Prosecutions has significant powers to prosecute but everyone is entitled to be considered innocent until proved guilty. If we lose this process, we lose something of serious value for the country.

In recent days there has been unbalanced media commentary. I do not blame the media for this but refer to allegations of possible telephone tapping. I wonder why these allegations have come out now. They demonstrate how removed the whole drama has become from people's daily lives. This has become a trial by media, twitterings and other forms. Given the crisis facing this country, the immediate and damning effect of this scandal is that the suggestion of corruption will further deter foreign investment. It will deter the interest of our own entrepreneurs and prevent them from getting involved in business and bringing forward their ideas with passion. It will also deter foreign investment lending and international co-operation, which will further undermine our people's confidence in the institutions of the State. This is a serious issue at a time when we are trying to renegotiate our interest rates, the so-called bailout and other matters at European and international level and at a time we face a forthcoming visit of Heads of State of major powers. It is also damaging to the body politic and to our situation as a nation.

The Moriarty tribunal report shows that after 14 years of evidence gathering, any final resolution to the case is unlikely and that costs can only soar further as the case progresses. Therefore, I suggest that the most important challenge for the House is to enact the reforms about which all parties have been talking to ensure that these circumstances cannot be repeated. Oireachtas committees have a powerful role in this regard. They have done valuable work in the past but the Abbeylara case interrupted that work. It is in committees these matters should be investigated.

The sad and shameful list of tribunals set up in recent years makes evident the need for fundamental reform and a cultural change. I will not bore the House with the list of tribunals because Members are well aware of them and the time and costs involved. It is sad that nobody can be prosecuted by the tribunals and they have no basis in law. It is a sad list of events that led to the necessity to establish such a series of tribunals because of the alleged unlawful activity of people in public office who were supposed to serve the people. This is one of the ways through which Ireland portrays itself to the world. Therefore, I call on the Government to prioritise the reform of public service and procedures so as to put an end to this shameful state of affairs and bring back integrity to the forefront of Irish political life.

There should be only one rule of law for every man, woman and child in the country and the matters in question should have been referred to the Garda. Why should we wait for 14 years of investigation by a tribunal, at enormous cost? We have seen the huge costs and seen the bill grow. The bill is close to €42 million currently but that does not include third party costs or applications for legal aid which have yet to be reviewed and adjudicated on. If Mr. O'Brien has so much money to throw around I call on him now to make some of it available to charity, for example to a children's hospital, so as to create good will and restore his own good name.

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