Call for tribunal Bill to be put on hold

Labour has said new legislation which would give the Government the power to suspend or dissolve the Mahon and Moriarty tribunals…

Labour has said new legislation which would give the Government the power to suspend or dissolve the Mahon and Moriarty tribunals should be deferred for 12 months.

The party's justice spokesman, Brendan Howlin, said yesterday it would be "totally inappropriate" for the Government to proceed with the legislation against the background of the current controversy involving the Taoiseach and the Mahon tribunal.

The Government has allocated most of this Wednesday and Thursday in the Dáil to fast-track the Tribunal of Inquiry Bill, 2005, which was published last November by Minister for Justice Michael McDowell.

However, Labour said it would table a second stage amendment seeking to put the Bill on hold for a year. "It is not clear why the Bill has suddenly become such a priority for the Government," Mr Howlin said. "The Government has done nothing with it since it was published almost 12 months ago and there was nothing to suggest that anyone regarded it as a matter of legislative urgency.

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"While much of the Bill is uncontroversial, I believe that it would be a serious mistake against the background of the current controversies, to proceed with a Bill that would effectively give the power to the Government to close down a tribunal.

"Taking the Bill at this point would send out all the wrong messages to the public. They will rightly ask why the Bill is being taken now at a time when the Taoiseach is experiencing problems with a tribunal; when Fianna Fáil sources have repeatedly accused the Mahon tribunal of leaking the documents relating to cash payments to the Taoiseach that appeared in The Irish Times; and when a succession of Government Ministers have made scarcely veiled threats against the tribunal."

Mr Howlin pointed out that Minister of State Noel Treacy is due before the tribunal to explain allegations he made about the source of "leaks" regarding payments to the Taoiseach.

"Some people may also seek the taking of the Bill at this point as an attempt to influence or even intimidate the tribunals and those working for them.

"Public confidence in politics and political standards are already under pressure without this ill-timed Government measure," he said.

The Department of Justice has said the legislation could be used to close down existing tribunals, and not just ones set up after it becomes law. Under Section 10 of the Bill, the minister will be given powers to "dissolve" a tribunal by ministerial order, after the Oireachtas has approved it.

Minister for Finance Brian Cowen told the Dáil last week there were calls for the consideration of the Bill to be brought forward and this was what was happening.

Paul Cullen

Paul Cullen

Paul Cullen is a former heath editor of The Irish Times.