Ahern says all citizens should work with tribunal

The Taoiseach told the Dail that every member of the Oireachtas should co-operate with the Flood tribunal.

Mr Ahern was responding to Opposition demands that the Dublin West TD, Mr Liam Lawlor, be censured by the House for failing to attend the tribunal. An Opposition demand that the House pass a resolution on the issue was rejected by the Ceann Comhairle, Mr Seamus Pattison, and Mr Ahern.

Mr Lawlor, who sat on the Government back-benches during the sometimes heated contributions, interjected at one stage to say that he welcomed a debate.

Mr Ahern said every citizen, and every member of the Oireachtas, had "a legal, moral and democratic duty to co-operate with the tribunal, not to obstruct it, and to comply with its lawful orders".

He said he would expect any citizen, and member of the Oireachtas, who disputed a tribunal order's validity to make his or her case to the tribunal and, if necessary, to the courts.

"The Attorney General has been informed that under the 1997 Act the jurisdiction of the High Court is being invoked today by the tribunal to compel the compliance of Deputy Lawlor with its orders. I do not want to put at risk any of the remedies that have been initiated, or are available to the tribunal, under the 1997 Act.

"The House foresaw that issue when we debated the legislation when we included a provision in the 1997 Act to the effect that if anybody did not comply with the orders there was a legal basis for the chairman of the tribunal to seek such compliance. We gave the tribunal that power.

"Under the legislation introduced by the Government, and agreed by the House, anybody can be compelled, without criminal proceedings and by a fast-track process, to obey the lawful orders of the tribunal. As I understand this process will commence today, I propose to say nothing further. I also understand that the DPP will have received a criminal complaint on the matter and I cannot comment further, for obvious reasons, other than to make the political point that it is our strong view there is an obligation on members, and every citizen, to fully co-operate with the tribunal."

The Fine Gael leader, Mr John Bruton, said it was important that the Taoiseach was given, and took, the opportunity to say what he had said. "It is a very important statement on the requirement of members of the House to comply with the orders of the tribunal. I hope that, as a result of what the Taoiseach said, Deputy Lawlor will take the sensible, correct and democratic course and appear before the tribunal."

The Labour leader, Mr Ruairi Quinn, said he was appalled by the Taoiseach's response. "The eyes of the nation are looking at this House and how we conduct our affairs in public."

He said the members of the House could express their views by way of a resolution incorporating the views expressed by the Taoiseach. This could be done without debate so as not to prejudice any proceedings in any other part of the jurisdiction.

"However, the Taoiseach has not chosen to do so. As a result, everybody in this House is devalued in the eyes of this democracy. It is not good enough for the Taoiseach, the Tanaiste or for anybody who stands for election in this House.

"I ask the Taoiseach, and members of the Fianna Fail party, if it still exists as a republican party, to assert the primacy of this assembly and uphold the dignity of people who stand for election, who make laws and must abide by them. I implore the Taoiseach to reconsider the matter and do the right thing."

Mr Trevor Sargent (Green Party, Dublin North) asked if it was not the case that standing orders could be decided by the House. "If so, how is it that Deputy Lawlor is still present in the Chamber when it is the overwhelming view of the people that he should be suspended until such time as he is involved with and attends the tribunal?"

As the exchanges continued, Mr Lawlor intervened to say he appreciated the House was having a debate. "I welcome it."

Mr Bruton said there was concern that holding a debate might prejudice Mr Lawlor's rights. However, given that he said he would welcome a debate, would the Taoiseach not agree that the House should have one.

Earlier, requests for an emergency debate, made by Mr Bruton, Mr Joe Higgins (Socialist Party, Dublin West) and Mr Sargent, were rejected by the Ceann Comhairle.