Dáil debates

Wednesday, 10 June 2015

Draft Commission of Investigation (Certain matters concerning transactions entered into by IBRC) Order 2015: Motion (Resumed)

 

11:50 am

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael) | Oireachtas source

An rud is tábhachtaí faoin díospóireacht seo ná go mbeidh fiosrúchán neamhspleách againn agus go mbeidh breitheamh i gceannas ar an bhfiosrúchán sin a bhfuil meas mór ag gach duine air. Rud eile atá ag titim amach as seo ná go bhfuil cumhacht na Dála ag dul i méid. Tá sé sofheicthe ón obair atá déanta ag an Teachta Catherine Murphy, go mór mór maidir le ceisteanna parlaiminteacha a chur faoi bhráid na Dála agus ó thaobh na litreacha a fuair sí - cé nach bhfuil a fhios againn an bhfuil na rudaí ráite iontu fíor - gur ceart go mbeadh an fiosrúchán seo againn agus go mbeadh daoine ó gach taobh i bhfábhar an fhiosrúcháin.

An cheist atá ann anois don Rialtas ná, má thagann rudaí nua os ár gcomhair nach bhfuil luaite faoin ráiteas poiblí atá againn faoi láthair maidir leis an bhfiosrúchán agus na cúrsaí ábhartha, ar nós litreacha eile a thiocfaidh isteach ó daoine cosúil leis an Teachta Pearse Doherty, a luaigh ábhair nua sa Dáil inné, an mbeidh seans ag an bhfiosrúchán neamhspleách féachaint isteach sna rudaí sin? Is rud bunúsach é sin.

The commission of investigation will be a good, independent inquiry and, along with everyone else, I am convinced of the need for it. I have no doubt the eminent justice appointed to lead the commission of investigation will be the proper person to do so. The establishment of a commission of investigation shows the strength of the Dáil. Deputies on all sides have praised Deputy Catherine Murphy for her tenacity. The Deputy has shown great persistence in raising an issue through parliamentary questions and her work is coming to fruition. We do not know whether the information provided to her is the full truth, as it has been denied in the media.

The Oireachtas has emerged strengthened from recent events as the courts have provided clarity on the right of Members to raise issues in the House. This right has been found to be sacrosanct and Deputies cannot be sued for comments made in the House. This is a positive development.

Deputy Pearse Doherty has been given information that differs from that provided to Deputy Catherine Murphy. There is certainly a conflict on the rate of interest purportedly charged on some of Mr. Denis O'Brien's loans, with certain letters indicating a rate of 3.5% was charged, whereas Deputy Murphy referred to a rate of 1.5%. The judge who will be appointed to lead the commission of investigation should be able to clarify the matter and determine the veracity of this information.

Further documents may be released once the commission of investigation is up and running. If a new issue enters the public domain and is not germane to the information we have received thus far, the judge should have the authority, should he see fit, to bring it within the scope of his work. I ask for clarification on this matter.

On the timeline for the work of the commission of investigation, most of the comment has focused on the Siteserv issue and it is important that the judge complete his work on this matter as quickly as possible. However, Deputies will disagree on whether it is necessary to specify a date by which the work should be completed or if an interim report is required. I have no doubt that the justice who is appointed to lead the commission of investigation will, in his wisdom, be keen to complete the investigation as fairly and quickly as possible.

The issues of fairness and equity arise in this case because everyone, whether it is Denis O'Brien, Michael Murphy, the Minister for Finance or Deputy Catherine Murphy, has a right to be treated fairly and properly. Some of the comment on this issue has been one-sided as we do not have all the facts, although we all agree on the need for the facts to be established independently. All relevant information, irrespective of its source, should be provided to the judge who will carry out the inquiry. He should then exercise his discretion and use it as he sees fit.

The issues that arise in this regard are credibility, transparency and the manner in which the Oireachtas conducts its business. A commission of investigation is the best means to achieve accountability and transparency. All Deputies want a fair and independent inquiry to establish what did or did not happen.

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