It is now a year and 9 months since the Moriarty Tribunal report was finally published on 22nd March 2011. And by the looks of it, this Government would just prefer that it go away. Not only has the Government been dragged into what promises to be a spectacular court case in 2013 when two failed bidders for the Esat phone licence in the 1990s will sue the Government and others for their losses, but the Fine Gael component of this Coalition is constantly being prodded about its association with Denis O’Brien, the businessman against whom the Moriarty Tribunal made “adverse findings”, findings rejected by Denis himself but which nonetheless stand in the context of the Moriarty work. An Taoiseach Enda Kenny finally said the words “I accept the findings of the Moriarty Tribunal in its entirety” at the MacGill Summer School in July 2012, but we now have the apparently nonsensical position of An Taoiseach accepting the findings but his Government seemingly set to dispute the findings in the court cases with the unsuccessful bidders. Yes, they would probably wish the whole thing went away.
But it’s not going away.
Yesterday in the Dail, the Sinn Fein finance spokesperson Pearse Doherty sought an update from the Minister for Justice, Equality and Defence Alan Shatter on the adoption of the recommendations of the Moriarty Tribunal, which remember, An Taoiseach accepts “in its entirety” and there is also the small matter of the Garda investigation. It was six months ago, when the Fianna Fail leader Micheal Martin asked for a similar update, and what has changed in six months?
In May 2012, Deputy Martin was told “Insofar as the report of the Moriarty Tribunal made recommendations concerning the future operation of tribunals of inquiry, many of these recommendations are anticipated by the Tribunals of Inquiry Bill 2005 which awaits Report Stage debate in the Dáil. Other recommendations are the subject of consultation with the Attorney General and other relevant Departments. I am informed by the Garda authorities that following their examination of the report of the Moriarty Tribunal, they are consulting with the Director of Public Prosecutions as to whether aspects of it may be pursued from a criminal point of view.”
Fast forward to December 2012, and the response to Deputy Doherty is almost identical, including the status of the Garda investigation – the Gardai are still seeking advice from the Director of Public Prosecutions. No wonder Transparency International last week said “There appears to have been very little action taken on foot of the publication of the final Moriarty Tribunal report” when Ireland’s corruption perceptions index suffered a record deterioration.
Here is the full parliamentary question and response.
Deputy Pearse Doherty: To ask the Minister for Justice and Equality further to Parliamentary Question No. 502 of 1 May 2012, the progress made on the recommendations of the Moriarty Tribunal; and if he will make a statement on the matter.
Minister for Justice and Equality, Alan Shatter: Insofar as the report of the Moriarty Tribunal made recommendations concerning the future operation of tribunals of inquiry, many of these recommendations are anticipated by the Tribunals of Inquiry Bill 2005 which awaits Report Stage debate in the Dáil. Other recommendations are the subject of consultation with the Attorney General and other relevant Departments.
I am informed by the Garda authorities that, following their examination of the report of the Moriarty Tribunal, the advice of the Director of Public Prosecutions has been sought on the findings of that examination, with a view to determining whether or not a full Garda investigation should now be commenced.
