• Abstract and Figures
• Public Full-text

Report of the Tribunal of Inquiry into Payments to Politicians and Related Matters Part I BAILE A´ THA CLIATH ARNA FHOILSIU´ AG OIFIG AN tSOLA´ THAIR Le ceannach dı´reach o´n OIFIG DHI´OLTA FOILSEACHA´ N RIALTAIS, TEACH SUN ALLIANCE, SRA´ ID THEACH LAIGHEAN, BAILE A´ THA CLIATH 2, no´ trı´d an bpost o´ FOILSEACHA´ IN RIALTAIS, AN RANNO´ G POST-TRA´ CHTA, 51 FAICHE STIABHNA, BAILE A´ THA CLIATH 2, (Teil: 01 - 6476834/35/36/37; Fax: 01 - 6476843) no´ trı´ aon dı´olto´ir leabhar. —————— DUBLIN PUBLISHED BY THE STATIONERY OFFICE To be purchased directly from the GOVERNMENT PUBLICATIONS SALE OFFICE, SUN ALLIANCE HOUSE, MOLESWORTH STREET, DUBLIN 2, or by mail order from GOVERNMENT PUBLICATIONS, POSTAL TRADE SECTION, 51 ST. STEPHEN’S GREEN, DUBLIN 2, (Tel: 01 - 6476834/35/36/37; Fax: 01 - 6476843) or through any bookseller. —————— (Prn. A6/1834) \5.00 Government of Ireland 2006 ISBN 0-7557-7459-0 Wt. —. 1,500. 12/06. Cahill. (M96408). G.Spl. Letters 14/12/2006 07:56 Page 2 Letters 14/12/2006 07:56 Page 1 REPORT OF THE TRIBUNAL ON PAYMENTS TO POLITICIANS AND RELATED MATTERS — PART 1 PREFACE In a long running Tribunal, it is inevitable that an amount of turnover in the personnel attached to it will occur, hence the list of persons who gave assistance at different times is less short than the total number involved at any one time, which ranged between twelve and fifteen. Apart from those mentioned here, there was a small number of lawyers whose duties primarily related to the matters that will be addressed in the Second Part of the Report in 2007, and it is preferable that their contributions should be acknowledged at that stage. First and foremost, I am indebted to the three most senior barristers, John Coughlan SC, Jerry Healy SC and Jacqueline O’Brien SC, whose involvement dates back to the very commencement of the Tribunal, and whose advice, assistance and commitment in all respects has been invaluable throughout. Maire Moriarty BL has been retained for almost all of that duration, providing an assured grasp of much complex documentation, in addition to which Brian McGuckian BL and Darach MacNamara BL have at different times provided important contributions in research and other spheres. For most of the period relating to this Part of the Report, John Davis was the Solicitor to the Tribunal, and he was succeeded for the latter portion of relevant investigations and sittings by Stuart Brady. Both brought a high degree of skills and organisation to the role. As Registrar to the Tribunal, Annette O’Connell dealt with a wide range of organisational duties with exceptional expertise and adroitness, drawing on her previous Tribunal and Court experience. On her appointment to a senior position in the Courts Service, Christopher Lehane and Siobhan Hayes were her capable successors in respect of the remaining periods concerned with this Part of the Report. In administering the Tribunal office, Karl Martin was able to draw upon extensive prior experience of earlier Tribunals, and in enabling smooth and unobtrusive functioning he was capably assisted throughout by Colm Grace, particularly in ensuring that the exceptional and thankless demands entailed in photocopying vast amounts of documentation were undertaken unerringly. Similarly high secretarial demands, primarily in typing and telephone duties, were fully met in the early days of the Tribunal by Jacinta Larkin, Marie Heffernan, Jeanette O’Hare and Mary McCabe; in recent years, when the volume of this work had risen yet further, these roles were undertaken by Anne Greenalgh and Sarah Marshall, aided in recent months by Martina Regan, with particular commitment and skill in what were often long and unsocial hours. Last but not least, I am appreciative of the help and support provided by Brendan Daniels and Des Clifford. vii REPORT OF THE TRIBUNAL ON PAYMENTS TO POLITICIANS AND RELATED MATTERS — PART 1 Some outside agencies have given important assistance to the Tribunal from time to time, and it is unnecessary that these be listed, but it would be wrong not to acknowledge the accurate and punctual transcription service provided for all Tribunal hearings by Doyle Court Reporters Limited. Without the professionalism, dedication and good humour of all these persons, it would in no sense have been possible to bring a lengthy and sometimes arduous task to completion. Michael Moriarty Sole Member of Tribunal viii REPORT OF THE TRIBUNAL ON PAYMENTS TO POLITICIANS AND RELATED MATTERS — PART 1 Tribunals of Inquiry (Evidence) Acts, 1921 and 1979 (No. 2) Order, 1997 WHEREAS a Resolution in the following terms was passed by Da´il E´ ireann on the 11th day of September, 1997 and by Seanad E´ ireann on the 18th day of September, 1997. ‘‘Bearing in mind serious public concern arising from the Report of the Tribunal of Inquiry (Dunnes Payments) published on 25 August, 1997, which established that irregular payments were made to and benefits conferred on certain persons who were members of the Houses of the Oireachtas between 1 January, 1986, and 31 December, 1996. And noting that the said Tribunal established that money was held on deposit in certain Irish banks by offshore banks in memorandum accounts (‘‘the Ansbacher accounts’’) for the benefit of Irish residents including Mr Charles Haughey, (the history of which deposits is set out in Chapter 6 of the Report of the said Tribunal), And noting further that the Dunnes Payments Tribunal was unable by reason of its terms of reference to investigate the source of the Ansbacher accounts, other than in respect of sums paid by certain persons referred to in the said terms of reference. Resolves that it is expedient that a Tribunal be established under the Tribunals of Inquiry (Evidence) Act, 1921, as adapted by or under subsequent enactments and the Tribunals of Inquiry (Evidence) (Amendment) Act, 1979, to inquire urgently into and report to the Clerk of the Da´il and make such findings and recommendations as it sees fit, in relation to the following definite matters of urgent public importance: (a) Whether any substantial payments were made, directly or indirectly, to Mr Charles Haughey (whether or not used to discharge monies or debts due by Mr Charles Haughey or due by any company with which he was associated or due by any connected person to Mr Charles Haughey within the meaning of the Ethics in Public Office Act, 1995 or discharged at his direction) during any period when he held public office commencing on 1st January, 1979 and thereafter up to the 31st December, 1996 in circumstances giving rise to a reasonable inference that the motive for making the payment was connected with any public office held by him or had the potential to influence the discharge of such office. (b) The source of any money held in the Ansbacher accounts for the benefit or in the name of Mr Charles Haughey or any other person who holds or has held Ministerial office, or in any other bank accounts discovered by the Tribunal to be for the benefit or in the name of Mr Haughey or for the benefit or in the name ix REPORT OF THE TRIBUNAL ON PAYMENTS TO POLITICIANS AND RELATED MATTERS — PART 1 of a connected person within the meaning of the Ethics in Public Office Act, 1995, or for the benefit or in the name of any company owned or controlled by Mr Haughey. (c) Whether any payment was made from money held in any of the accounts referred to at (b) to any person who holds or has held public office. (d) Whether Mr Charles Haughey did any act or made any decision in the course of his Ministerial offices, to confer any benefit on any person making a payment referred to in paragraph (a) or any person who was the source of money referred to in paragraph (b), or any other person in return for such payments being made or procured or directed any other person to do such an act or make such a decision. (e) Whether any substantial payments were made directly or indirectly to Mr Michael Lowry (whether or not used to discharge monies or debts due by Mr Michael Lowry or due by any company with which he was associated or due by any connected person to Mr Michael Lowry within the meaning of the Ethics in Public Office Act, 1995 or discharged at his direction), during any period when he held public office in circumstances giving rise to a reasonable inference that the motive for making the payment was connected with any public office held by him or had the potential to influence the discharge of such office. (f) The source of any money held in the Bank of Ireland, Thurles branch, Thurles, Co. Tipperary, the Allied Irish Bank in the Channel Islands, the Allied Irish Banks, Dame Street, Dublin, the Bank of Ireland (I.O.M.) Limited in the Isle of Man, the Irish Permanent Building Society, Patrick Street branch, Cork or Rea Brothers (Isle of Man) Limited, in accounts for the benefit or in the name of Mr Lowry or any other person who holds or has held Ministerial office or in any other bank accounts discovered by the Tribunal to be for the benefit or in the name of Mr Lowry or for the benefit or in the name of a connected person within the meaning of the Ethics in Public Office Act, 1995, or for the benefit or in the name of any company owned or controlled by Mr Lowry. (g) Whether Mr Lowry did any act or made any decision in the course of any Ministerial office held by him to confer any benefit on any person making a payment referred to in paragraph (e) or any person who was the source of any money referred to in paragraph (f) or on any other person in return for such payments being made or procured or directed any other person to do such act or make such decision.

Load more

  704

Copy Link