Enda Kenny (Mayo, Fine Gael) | Oireachtas source

-----and in an absolutely accountable way in the public interest. That is my opening position. The Department of the Taoiseach is the receiving Department for reports from Mr. Justice Cregan in respect of this matter. Discussions would have taken place when Mr. Justice O'Keeffe was dealing with this because he was beginning to handle it at that stage. He then had to retire because of personal reasons and, as Deputy Martin pointed out, Mr. Justice Cregan has taken over.

For the information of the House, at its Cabinet meeting today, the Government reaffirmed its commitment to ensuring that there be a full and independent investigation of the issues that were raised in relation to the IBRC matter and the transactions therein. The Attorney General briefed the Government on a number of legal issues and potential options that are open to ensure this can be achieved. The Government noted that a number of significant legal issues arise which need consideration.

I will briefly set out for Members of the House the sequence of events. On 9 June, following consultation by the Minister for Finance with the Opposition parties, the Government approved the draft order establishing the commission of investigation into certain matters concerning transactions entered into by IBRC. The draft order was then laid before both Houses of the Oireachtas and approved, following debate in both Houses. Subsequently, on 15 June, the Government established the commission. Following the resignation of Mr. Justice O'Keeffe for personal reasons, Mr. Justice Cregan was appointed as chair of the commission on 9 July. I was designated as the responsible Minister under the Act so the judge sends his formal reports to me and his work is funded through the Vote of my Department. He is completely independent in the conduct of his investigation.

Last Thursday, 5 November, Mr. Justice Cregan and his legal team met, at his request, with officials from my Department and the Office of the Attorney General. At that meeting he outlined legal issues he had considered in relation to the use of documents which were either confidential or subject to legal privilege and stated that he had made a determination in this regard. The official asked that his position be outlined urgently in writing to me as the responsible Minister under the Commissions of Investigation Act. The determination by the judge was not given to my Department at that meeting although it was sent by Mr. Justice Cregan to the Department of Finance later that day and therefore has been available to the Attorney General for her consideration of the matter.

I received a letter from Mr. Justice Cregan the following day, last Friday, 6 November. This letter referred to the determination of the judge and the commission on issues of confidentiality and privilege, which means that, in the words of the letter, "it is not in a position to proceed with this investigation into any of the relevant write-off transactions". The letter also stated that the commission is in the process of preparing an interim report to me, as the specified Minister, which will outline the work of the commission to date and the issues which have arisen. It will also seek an extension of time for the completion of the work of the commission. The interim report can be finalised only after the commission has consulted any person who is identified in or identifiable from the draft report.

On receipt of that letter from Mr. Justice Cregan, I immediately requested advice from the Attorney General on the implications of this determination and the legal options that are open to ensure the House can have an investigation which is fully transparent and accountable and that can be completed in an effective and timely manner. I will arrange to have the judge's letter published today.

The Government was informed this morning that Mr. Justice Cregan has decided to publish his determination both in respect of the issue of confidentiality in regard to the special liquidator and the Department of Finance. I understand this has been done and I welcome the judge's decision to publish in order that all concerned can debate in a transparent fashion the issues involved.

The Government was also informed this morning of a request from Mr. Justice Cregan that it would be preferable for the Government to receive his interim report before deciding on the course of action it should take. This is also the view of the Attorney General who cannot, in fairness, give formal legal advice to the Cabinet in the absence of the judge's interim report. I understand that the report should be available shortly as the consultations were under way and dealt with on Friday last.

The importance of the issue - the question of confidentiality and legal professional privilege - raises extensive legal issues which have been considered in detail by the commission over recent months. Given that importance, that the terms of reference for the commission were prepared following consultation with the Opposition parties, and that the order establishing the commission was approved by the Houses of the Oireachtas, I believe the questions that have arisen should be considered by all the parties and the Members of the House before a decision is made on the best way to proceed.

I also hope Mr. Justice Cregan will be in a position to submit his interim report to me formally, as the receiving Minister, at the earliest possible date. I will then commit to publishing that in accordance with the law and also to discussing it with Opposition Members and in the House in order that we can identify what needs to be done following the judicial determination and move on to achieve the ambition of accountable, transparent analysis of all the transactions in what was in excess of a €10 million write-off.

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