Charles Flanagan (Laois-Offaly, Fine Gael)

The Mahon recommendations must be examined systematically and acted upon within a clearly defined timeframe over the lifetime of the Government. It comprises a sad and sorry saga of widespread corruption, deceit and fraud at the heart of Government and the corrosive effect the consequences had on society and democracy. Corruption, as outlined in the Mahon report, represents a fundamentally destructive force. We must develop a culture of absolute intolerance of corrupt practices. It is a silent crime fostered by weak systems and a lack of accountability. The rule of law is grievously undermined, thus maintaining inequality and injustice and rotting the fabric of democracy to the core. Corruption might be a silent crime but its not without victims, as evidenced by the pain and suffering of thousands of couples enduring negative equity on partly finished estates in this city and beyond.

There has been much deliberation on Fianna Fáil. The statement of the party leader, Deputy Micheál Martin, last Thursday and his speech to this Dail last night were mean-spirited, petty and politically partisan. To mention Fine Gael as he did is a clear example yet again of Fianna Fáil refusing to put its hands up unambiguously. Rather, it was attempting to muddy the waters and throw as much blame around the political system in an attempt to convulse an already confused electorate.

We can compare Bertie Ahern's speech on Charles Haughey and Deputy Martin's speech on Bertie Ahern in recent times. There has been a time lapse of 15 years but a remarkable similarity in tone and content: "No one is welcome in this party if they betray public trust"; there will be no place in our party "for that kind of past behaviour"; "Participation in the democratic life of this country is about public service, not self-service or the sustaining of a certain lifestyle"; and "It is unacceptable in a manner hitherto concealed from the public that a Taoiseach should be personally supported". I could go on but time forbids me.

Just as Bertie Ahern learned his trade and cut his political teeth on the lap of Charles Haughey, Deputy Martin learned his trade and cut his teeth on the lap of Bertie Ahern. On 27 February 2008, when the whole country knew the evidence was incredible, Deputy Martin said "I do believe what the Taoiseach is saying at the tribunal". One month later, on 31 March, he had full confidence in Bertie Ahern and praised him in his role as leader of Fianna Fáil and Taoiseach. In this regard I acknowledge the contribution of former Senator Eugene Regan, who was harassed and vilified by senior Fianna Fáil figures, some of whom still serve on the Fianna Fáil Front Bench but who are not in the Chamber at the moment. Senator Regan's comments were fully vindicated.

Fianna Fáil has a long track record of failure to investigate allegations of corruption, as the Mahon report starkly points out. Attempts were made to prevent and sidetrack Garda investigations into corruption. It appears no institution of the State was safe from Fianna Fáil influence and duress over a long period. This is a consequence of being in power and control for so long and it is not just Ahern, Flynn, Burke, Haughey and Lawlor. Rather, it goes back to 1967 and the extraordinary admission of the late George Colley who, as a member of the Fianna Fáil Front Bench in government, spoke openly about low standards in high places, referring to his fellow Front Bench Members. It was clear at that time as it is clear now that the generation after de Valera, Aiken and McEntee joined not for any ideology or public service but for self-advancement, power, influence and personal enrichment. Astonishingly, a few years ago a Fianna Fáil backbencher from Sligo-Leitrim took pride in announcing this in the House when praising the job creation attributes of the Gallagher family in Sligo , a family with very close links to Fianna Fáil and one of whom was a long-standing Member of this House. The then Deputy, Mattie Brennan, said that a householder would not qualify for a grant unless the house was fitted with a Fianna Fáil lock from Gallaghers of Tubbercurry. It was admitted openly that all local authority houses in the jurisdiction had to be fitted with a Gallagher Fianna Fáil lock. That is influence when one can forget about the tendering process.

It started with the men in mohair suits and TACA and continued right down to the tent in Ballybritt. The 19th century Liberal scholar and one-time MP for Carlow, Lord Acton summed it up: "Power tends to corrupt and absolute power corrupts absolutely". Did he have Fianna Fáil in mind when he said "The one pervading evil of democracy is the tyranny of the majority, or rather of that party...that succeeds by force or fraud in carrying elections"?

This present Government must show an unstinting appetite for reform. I welcome measures in the programme for Government and those introduced so far involving the Department of Justice and Equality, the Department of the Environment, Community and Local Government and the Department of Public Expenditure and Reform. This involves not just legislation but also enforcement. I propose going further and introducing an independent commission against corruption chaired by Judge Mahon, unless someone can put forward the name of a more qualified independent chairman, to act as a watchdog against corrupt practices. The body should be independent of the Executive and guaranteed a sufficient budget on an annual basis from Dáil Éireann. The commission should have four units, the first of which is the investigation unit working with CAB, the serious fraud office of the Garda Síochána, the Revenue Commissioners and the Department of Social Protection. Second, it should have a legal unit linked to the parliamentary oversight committee if that is given additional powers of responsibility, which I hope will be vested in the committee by the people, although it did not happen last October. Third, an arm should deal exclusively with education and research against corruption so we encourage people at an early age to distinguish between corrupt practices and acceptable practices by public representatives in the democratic process. Fourth, it should have a corporate and commercial services unit dealing directly with the Director of Corporate Enforcement. I am frustrated by the delays in inquiries by the Director of Corporate Enforcement and Director of Public Prosecutions over the past two years. The key elements are the independence of the commission, clear procedures and a reporting hierarchy. There must be buy-in from civil society by harnessing public support.

Fighting corruption is a collective responsibility and prevention is better than cure, better than punishment and better than maintenance. The Mahon report must be seen as a beginning. We are embarked on a delicate process of restoring our international reputation and lifting the shackles of the IMF from our every economic move. Side by side, we must embark on a similar endeavour to restore a climate of ethics around our planning and development practices domestically. The same level of vigour and energy must be expended in the task to fight corruption. Judge Mahon must be discretionary on costs and such discretion must be based on the matter of delay, obstruction and failure to co-operate over a period of 15 years. That must come into play in the matter of the awarding of third party and other costs.

The value of the €300 million and 15 years of time, energy and effort will be gauged on the progress those of us in this House facilitate and on the success of such facilitation in restoring trust, confidence and respect. I conclude with another quote from the late Lord Acton who stated: "Liberty is not the power of doing what we like, but the right of being able to do what we ought."

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