Michael McGrath (Cork South Central, Fianna Fail)

I thank the Ceann Comhairle for selecting this matter for the Adjournment debate. Yesterday, Mr. Justice Kelly issued a decision in the High Court refusing to sanction an application for a six month extension of time in the investigation by the Garda Síochána and the Director of Corporate Enforcement into certain matters concerning Anglo Irish Bank. Instead, he gave the investigators until the end of July when the matter will come before the court again. Essentially, Mr. Justice Kelly was putting us all on notice that the investigation by the Garda and the Director of Corporate Enforcement into Anglo Irish Bank is in danger of collapse. He extended the investigation to the end of July and said that the progress of the two year inquiry was not satisfactory, that he would extend it to 28 July when he expected much progress to have been made, and warned that if a further extension was sought in July, he would have to be given a detailed update on progress, including what happened to material sent by the investigators to the Office of the Director of Public Prosecutions last December and last March.

This decision by and these comments of Mr. Justice Kelly represent a wake up call, if one were needed, to the authorities on the urgency of concluding this investigation. It is a function of this House, especially of the Government, to ensure the Garda and the Director of Corporate Enforcement are equipped with every possible tool to enable them to complete that work as soon as possible. Mr. Justice Kelly is clearly frustrated at the length of time the investigation is taking. This is a frustration shared by all citizens. It is not for me to determine the guilt or innocence of anyone in connection with the Anglo Irish Bank investigation but we have a right to insist that all parties give full co-operation with the inquiry.

There was a report in the media last week, one which has not been contradicted, that the former chief executive officer of Anglo Irish Bank, Mr. David Drumm, now living in the United States, has refused to make himself available for questioning by the Garda and the Office of the Director of Corporate Enforcement, ODCE. This is a disgrace. Mr. Drumm, as Anglo Ireland Bank's head of lending between 2003 and 2005, and then as chief executive of the bank until 2008, is a key player in the catastrophic Irish banking crisis. The bank that he led has cost the taxpayer almost €30 billion.

For Mr. Drumm not to co-operate with the investigation is to give the two fingers to the Irish people. This is an affront to our citizens and to the democratic institutions of this State. He must not be allowed to run away from his responsibilities. All Members will agree that Mr. Drumm and everyone else associated with the investigations must be held accountable here for their actions.

Mr. Drumm is in the United States on an E-2 visa, which is for persons who make a qualifying business investment in the United States. Mr. Drumm, accordingly, remains in the US solely on the basis of the permission and grace of the US authorities. The irony is that, while in the US on an E-2 visa, it emerged that Mr. Drumm filed for bankruptcy there in October 2010. In addition, Anglo Irish Bank has lodged papers with the US courts challenging Mr. Drumm's eligibility for the E-2 visa. Mr. Drumm can only be extradited from the US to Ireland if he is being prosecuted here and he cannot be extradited for questioning alone.

Will the Tánaiste and Minister for Foreign Affairs raise the issue of Mr. Drumm's US visa with US ambassador to Ireland, the US State Department and urge the US authorities to revoke this visa? The US authorities should be asked to revoke Mr. Drumm's visa on the basis that he is wanted in Ireland to be questioned as part of the most complex investigation of its kind in the history of the State. I am sure he could be very helpful to the investigation if he made himself available.

Several other issues also emerge from Mr. Justice Kelly's comments yesterday. What are the blockages preventing a successful conclusion to the investigation into Anglo Irish Bank? In the short time he has been in office, has the Minister for Justice and Equality had the opportunity to receive an update on the investigation? If people are to have any faith in public administration, the criminal justice system and politics, it is important that the Anglo Irish Bank investigation is brought to a successful conclusion.

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