Dáil debates

Wednesday, 28 March 2012

Mahon Tribunal Report: Statements (Resumed)

 

7:00 pm

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)

I welcome the opportunity to speak on the Mahon report. It is only right and proper that after 15 years and €300 million, we, the democratically elected representatives, take time to debate its findings.

It is clear from the tribunal findings that there was a culture of endemic corruption in Irish politics during the 1980s and 1990s. As a member of Fianna Fáil, I am deeply ashamed and embarrassed about the level of my party's involvement. As one of the youngest Members in the Dáil, and the youngest member of the Fianna Fáil Parliamentary Party, I would like to believe that the use of power for illegitimate gains belongs well and truly to an era in the past. Tribunals of inquiry such as the Flood tribunal, now the Mahon tribunal, have been part of my youth and my adult life. It is hard to believe that, as a six year old boy growing up in County Westmeath, I was not paying much attention when the Flood tribunal was established. I did not understand the reason or need for it, or the implications it had for the citizens of the State at the time. All the same, various accounts and in-term reports have impinged on my consciousness. I now associate these tribunals with the politics of the past. For that reason, I am not in a position to form an opinion on whether all or any of the findings of the tribunal are fair and reasonable. However, given that we have entrusted the task to eminent judges, who have no axe to grind and no hidden agenda, it behoves all of us to accept that the findings are fair, reasonable and factual.

In my contribution I will focus on what we can learn from this sorry account of a bygone era and how we, as legislators, can ensure such things never happen again. Before I do that, I wish to make some points about the unbelievable rush by many other parties and certain members of the media to state that this practice was almost exclusive to Fianna Fáil. Our party leader has accepted the role the party played and has moved swiftly and comprehensively to deal with that. It is wrong to say that all members of Fianna Fáil are rotten to the core because of a number of individuals. Both before my time and currently there have been many honourable and decent public representatives within the Fianna Fáil Party. The Mahon tribunal states that corruption in Irish political life was both endemic and systemic. If we genuinely wish to move forward, we must all accept this finding and do whatever is within our power to help regain the trust of the electorate. I accept that those in our party have more to do than others.

There appears to be an agenda of guilt by association for members of Fianna Fáil - one must have known about all the wrongdoing that was going on. Yet no reference is made to the collective Cabinet responsibility when the most lucrative contract in the history of the State was awarded. There is also doublespeak about the Galway tent which rightly ceased to be an operation in 2008 while the Punchestown tent and the K Club golf classic carry on. The senior party in Government continues to rely heavily on corporate donations as a mechanism of funding. On two occasions in the past 12 months Fianna Fáil introduced legislation in Private Members' time to deal with a ban on corporate donations; on both occasions it was voted down. Members of Sinn Féin spoke about extortion. They were right because some of the practices they spoke about amounted to that. However, it is ironic to get lessons on extortion from members of Sinn Féin.

One of the first acts of the Minister for the Environment, Community and Local Government, Deputy Hogan, was to close down the investigations into planning irregularities on six councils that had been initiated by the then Minister, John Gormley, in the previous Government. I do not suggest for one minute that two wrongs make a right because that is not the case. However, if we are to be real about reforming our public system and representing the people who have given us the unbelievable honour of representing them in this House, there can be no double standards or doublespeak. What is good for the goose is good for the gander.

Thanks to our Constitution, the powers of the Oireachtas are separate from those of the Judiciary and this has allowed the tribunal, once set up, to ensure independence and impartiality. I have some questions, however. One concerns the length of time it took the tribunal to make its recommendations. There is also the issue of the cost of tribunals, especially the fees paid to barristers and senior counsel to turn up for a watching brief. The lack of accountability is also a matter that must be discussed. There would seem be no administrative system to verify the accuracy or otherwise of accounts submitted by the said legal eagles.

Possibly the most striking issue, the one foremost in the minds of many men and women outside, the taxpayers, the people who unfortunately have to live in the built-up areas that are without adequate services, as a result of some of the disastrous planning permissions discussed in this report, is that the tribunal can only record an opinion, not a finding in law. There is an absence of power to impose specific sanctions against those found guilty of wrong doing. For that reason, I am glad the Government has referred the report to the necessary officials - the Director of Public Prosecutions, the Garda Síochána, the Revenue Commissioners and the Standards in Public Office Commission, SIPO. I encourage the Minister for Justice and Equality, Deputy Shatter, to carry on with what he spoke of in Opposition and ensure that the bankers who also helped to bring the country to its current position are held accountable.

I acknowledge that work has been done since 1997 to combat corruption in public office. SIPO was set up by an Act of 2002 to supervise disclosure of interests and tax compliance by public representatives. The Prevention of Corruption (Amendment) Act 2001 implemented the highest standards of the OECD and the EU in regard to anti-corruption laws. I remind Members it was a Fianna Fáil Government which set up the planning tribunal to explore planning irregularities and payments to politicians. Unfortunately, this had to be done and I am glad it has been done. It is time to look to the future.

As a young politician, I have always been interested in politics. I became involved in politics at a young age through being elected to the student council at 14 years of age. It was always my intention to serve my people, to serve my community and to serve my country. Politics is a noble profession and one where service should be put above self. I cannot stress enough how imperative it is that there are lessons learned from the Mahon report and previous reports. Action must be taken and legislation must be drafted to ensure the recommendations from the Mahon report are not put on the long finger. It should not be the case that, as with the Moriarty report, 12 months have passed and still there is no action.

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