A number of individuals associated with Ansbacher accounts, including the former Guinness & Mahon banker, Mr Padraig Collery, might be called to give evidence in the investigation into whether Mr Denis Foley breached the Ethics in Public Office Act.
The Irish Times has learnt that legal representatives for Mr Foley have written to the Members' Interests Committee asking for ad vice on whether it is necessary to declare banking account details, such as an Ansbacher account, in the annual Register of Interests. The declaration for the period February 1st, 1999, to January 31st, 2000, was due to be completed by the end of last month.
Under the Ethics in Public Public Office Act, all Oireachtas members are required to declare income, share ownership, directorships and any gifts received. However, it is not necessary under the Act to declare "money in a current deposit or other similar account with a financial institution". Mr Foley has not yet given any indication of his approach to the specific complaint made against him by the Labour Party leader, Mr Ruairi Quinn. However, he has informed the committee that he will be represented by a firm of solicitors and senior counsel.
The committee will be investigating a complaint from Mr Quinn who has alleged that Mr Foley acted in breach of Section 7 of the Ethics Act. That section requires Oireachtas members to make a declaration when voting or speaking on a matter in the Dail in which they have a material interest.
In September 1997 Mr Foley voted on a Dail motion relating to the Moriarty tribunal. He then had an Ansbacher account.
Should Mr Foley contest the complaint, the committee's hearing will be held in public.
The committee, which is chaired by the Fianna Fail TD Mr Tony Killeen, met yesterday and on Wednesday to finalise the procedures for the investigation. The hearings are expected to begin early next month.
If Mr Foley is found to have breached the Ethics Act, he can be censured by the Dail and/or suspended for 30 sittings days.