Dáil debates

Wednesday, 30 March 2011

Moriarty Tribunal Report: Statements (Resumed)

 

5:00 pm

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)

I agree entirely with Deputy Ó Caoláin that the public interest ought to be the primary concern. Legal proceedings are under way and their purpose is to seek to ascribe responsibility for the wrongdoing of others to the State. In the process, this will run the risk of exposing the taxpayer to paying the bill. That is why my ministerial colleagues on these benches have stressed that they must have regard to these complicated legal proceedings. The question of protecting the public interest means that the first thing one must do is ensure nobody in the current Government makes any remarks in this House that might be used in the subsequent legal proceedings and might expose the taxpayer. God knows the unfortunate taxpayer has been exposed, battered and bruised sufficiently in the past two or three years by our predecessors in government. Our objective is to ensure that does not happen here. For that reason, we are constrained in what we can say.

My formal remarks this morning dealt in some detail with changes that have taken place in the 16 years that have elapsed since these decisions were made. There is now a regulatory system that decides this kind of matter at arms length. If spectrum was being auctioned today, it would be a matter for the regulatory authority. It would be free from political or ministerial interference.

I had a quick glance at the Sinn Féin motion and I have no difficulty with it. For the legal implications I have just explained, the motion will have to be run by the Office of the Attorney General. In any event, the Taoiseach made it plain in the House this morning, in answering Leaders' Questions, that it is the intention of the Government to table a motion.

With regard to the four weeks injunction on Departments to study the report and to come back with their considered assessments of the action required from each Department to implement the recommendations of the Moriarty tribunal report, the purpose was not to produce a compendium of the reports that should be published. Rather, each Department is to take the necessary steps to cause to be implemented the recommendations appropriate to that Department.

In referring to the programme for Government and the recommendations of the Moriarty tribunal, the Taoiseach set out a number of matters. The first of these was the abolition of corporate donations. Deputy Ó Caoláin asked about this matter. It is the intention of the Government to bring forward a Bill to terminate corporate donations. One of the Sinn Féin Members, whose name I do not know because I saw him on the monitor and his name was not in the title, was railing against the inadequacy of this measure because it will permit powerful individuals to make contributions qua individuals. The only way to deal with this under our Constitution is to limit the amount such individuals, no matter how wealthy, can make to a political party or politician. It is the intention of the Government to deal with this in respect of the threshold that will apply. One can join a football club or a political party and make a contribution as an individual. People are entitled to join Fianna Fáil, even if they are misguided. Nothing can be done about that.

The point of the Cabinet decision to which the Taoiseach referred is that, within four weeks, the Departments must pore over the report and come back with the steps they will take to implement it. Apart from the question of corporate donations, other matters include the registration of lobbyists and legislation for the protection of whistleblowers, which is relevant here. Another matter is the restoration of provisions of the Freedom of Information Act and the amendment of the Official Secrets Act to retain criminal sanction only where vital interests of the State are threatened.

We will reform legislation governing the relationship between the Minister and civil servants and scrap the rules limiting the evidence of civil servants appearing before Oireachtas committees. Another point is to overturn the Abbeylara judgment. When in opposition I introduced a Bill to restore inquiry by parliamentary committee. It was argued in this House that, given the nature of the Abbeylara judgment, a constitutional referendum is necessary. At that time, the banking issue was the topic of discussion in the House. Unlike other Houses of Parliament, there has not been an inquiry into the banking collapse in this country. We are determined to ensure Oireachtas committees will have the power to inquire into matters of public interest as appropriate. These are examples of the issues we intend to bring forward.

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