Clare Daly (Dublin North, Socialist Party)

I want to take the opportunity to make a couple of comments on this disgraceful episode in Irish corporate and political life, which clearly exposes the link between big business and politics. It was laughable to listen to Deputy Martin this morning trying to goad the Taoiseach about the close relationship between Fine Gael and big business. Perhaps he was a bit jealous at how good Fine Gael is in this respect. While that might have demonstrated an enormous brass neck, the reality is that when the Taoiseach was answering questions this morning, he clearly accepted the Moriarty report's findings on the actions of Deputy Lowry, but he was much more coy about the report's implications for the Fine Gael Party. I am not really surprised, because the report is as much an indictment of Fine Gael as it is of Deputy Lowry. It gives us a glimpse of the culture of the day.

This was a massive and exceptionally lucrative privatisation of a State licence. It was a decision which provided the opportunity for a very small group of people to enrich themselves beyond belief. Is it not unacceptable that a group of Ministers, who sat around the Cabinet table of the rainbow Government and who sit around the current Cabinet table, allowed a situation to develop in which the then Minister with responsibility for communications effectively rushed that decision through, which resulted in Esat Digifone obtaining the licence? Not one of them bothered to ask why that happened. Is it not unacceptable that a Fine Gael TD in that rainbow Government - former communications Minister Jim Mitchell - was a paid adviser to Mr. Denis O'Brien while he was sitting as a serving TD at the time the Government was awarding the licence? Can the Government explain how Esat Digifone was given exclusive rights to access Garda stations for the erection of its mobile phone masts, shortly after obtaining the licence? Let us be clear. Esat Digifone was allowed to erect these masts without planning permission. While the State's own mobile phone company, Eircell, had to go through lengthy planning permission in order to erect mobile phone masts, Esat Digifone was given exclusive rights to Garda stations without the need for any planning permission whatsoever. That is one hell of a free ride and unfair advantage.

It is a matter of public record that as a result of this venture, Mr. Denis O'Brien netted himself a clear £250 million profit. This did not generate any revenue for the Irish taxpayer, given his tax exile status. This decision set up Mr. O'Brien's wealth. It was the plateau on which he later built a multi-billion euro empire. I support any investigation to be carried out by the likes of the Criminal Assets Bureau, because anybody who privately enriches themselves in that way owes such money to the taxpayer.

I would like to speak about the role of the Judiciary, which has featured significantly in this debate. I do not subscribe to the view that the Judiciary is some form of modern deity. It is not the case that its decisions cannot be called to account, that it is beyond reproach or that it is always right in any scenario. There have been enough poor judicial decisions to give rise to an understanding of why that might not be the case. The members of the Judiciary should be accountable for what they do.

Having said that, I would like to make it clear that the idea that the judge who compiled this report decided over a decade ago, for some unknown reason or reasons, to start a vendetta against Deputy Lowry and Denis O'Brien and has carried a grudge ever since does not hold any sway. There is no reason that such motivation would be present. We should accept it is much more plausible that a Deputy who has previously misled the House and the Revenue Commissioners would have such questions to answer.

I will conclude by emphasising that this episode can teach us some valuable lessons about the privatisation of semi-State companies that is planned by this Government. Such lessons should be learned.

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