Brian Hayes (Fine Gael)

I welcome the Minister for Justice, Equality and Law Reform to the House. The second interim report by Mr. Justice Flood into certain planning matters and payments to politicians has evoked widespread public and political reaction since it was published last month. Mr. Justice Flood cuts through the evidence he heard at the tribunal to produce clear and precise conclusions on the many varied issues he was asked to investigate by both Houses of the Oireachtas. While we should all be mindful of the fact that the tribunal is not a court of the land, the conclusions reached by Mr. Justice Flood concerning former Fianna Fáil Minister, Ray Burke, have been stark and uncompromising.

The tribunal found that Mr. Burke received "corrupt payments" from various individuals during his political career. The report paints a picture of a politician hopelessly compromised who was unable to perform his public duties as a result of receiving vast sums of money. Notwithstanding the potential that charges may follow the publication of the Flood report and the implicit right of Mr. Burke and others to defend their name in court, there is an obligation on the Government and all Members of the Oireachtas to now consider the decisions taken by Mr. Burke while he was a Minister. The excuse that all these decisions can be left to one side while the tribunals continue should not be countenanced by any politician. Where there is worry or doubt about decisions taken in the past by the former Minister, the Government should now investigate and, where wrongdoing is found, take appropriate action.

The comments made in the other House last week by the Minister for Justice, Equality and Law Reform, Deputy McDowell, are a cause of concern. During his reply to a question about Mr. Burke's handling of the passports for investment scheme the Minister informed the House that, having studied the file, he found the 11 passports and naturalisations granted were "irregular and unusual". He went on to say serious questions concerning the role of the former Taoiseach, Mr. Haughey, in the granting of the citizenships should also be posed. His words were shocking. If the original decision to grant these 11 naturalisations is suspect in the Minister's mind, he has a responsibility to initiate an inquiry into the matter.

The Citizenship Act, 1956, gives the Minister the sole power to revoke citizenship. Having read the file and used precise language in the other House, this suspect decision of Mr. Burke must now be reopened to enable questions to be put to those involved in the case. The power to revoke citizenship rests, not with tribunals, but with the Minister for Justice, Equality and Law Reform. Failure on the part of the Minister to act at this stage and investigate the bizarre circumstances which surround the granting of citizenship would further undermine the respect people have in the concept of citizenship. If a wrong was committed, it is compounded every day because citizenship is still available to the 11 individuals involved. While the scheme was discontinued in 1998, a total of 44 persons were naturalised by Mr. Burke as Minister.