Committee of Inquiry into payments made to Fine Gael Representatives on Dublin Corporation and Dublin County Council by builders, developers or their agents since 20^th June 1985 and the motives, circumstances and considerations thereto pertaining

FINAL REPORT SUBMITTED TO JOHN BRUTON T.D. LEADER, FINE GAEL ON FRIDAY, MAY 12^th, 2000

(This report incorporates in full the interim report delivered to John Bruton, T.D., Leader of Fine Gael on May 8^th, 2000)

CHAIRMAN: JAMES NUGENT, S.C.

12th May, 2000

1. Establishment

It is in the national interest that public confidence in democratic politics should be fostered and maintained.

To this end it is imperative that the facts surrounding payments to elected persons involved in planning decisions should be ascertained.

Accordingly, a Committee was established by the Leader of Fine Gael , John Bruton, T.D,. on Wednesday April 19^th, 2000 with the following Terms of Reference.

2. Terms Of Reference

1. To Interview each Public Representative in Dublin City and County who is or has been a member of the Fine Gael party at any time during the period from the 20^th June, 1985 to-date for the purposes of inquiring whether they have been offered or have been the recipient of any payment and the circumstances and motives relative to any such payment.
2. To ascertain whether any such persons were influenced by the offer or receipt of any such payments.
3. "Payment" is as defined in the Ethics in Public Office Act, 1995.
4. To report upon its findings to the Leader and the Disciplinary Committee of the Party.
5. To make such recommendations as the Committee deems appropriate.

3. Work of The Committee

The Committee analysed the minutes of the relevant local authorities for the last fifteen years and extracted from them the voting records on re-zoning or material contravention motions of each of the persons who represented Fine Gael during the relevant period. The relevant period is 20th June 1985 to date. The Committee wish to acknowledge the assistance which it got in this regard from P.J. O’Meara of Fine Gael Headquarters.

The Committee has conducted interviews with sixty-one Fine Gael representatives in the relevant period as set out in Appendix III The Committee has not had the opportunity to meet one representative, Michael McShane, who served on Dublin Corporation from 1985 to 1991. He was unable to attend due to serious illness.

4. Call For An Inquiry In 1989

In the context of investigation into possible corruption among local representatives, it is of relevance that the minutes of Dublin County Council show that in 1989 (ref 776/89) a section 4 motion dealing with this matter was submitted by Fine Gael Councillors, Olivia Mitchell, Mary Muldoon and Martin Lynch. That motion sought to direct the City and County Manager to write to Ray Burke, T.D., the then Minister for Justice requesting him to hold a sworn public judicial inquiry into allegations of corruption. Consideration of that motion was deferred, but was subsequently (ref 834/90) proposed by Martin Lynch and seconded by Cathal Boland [Appendix II] and passed unanimously.

5. Cost Of Elections

Many of the persons who were interviewed impressed upon the Committee that during the relevant period they faced multiple elections. General elections were held in 1987, 1989, 1992 and 1997. Local Elections were held in 1985, 1991 and 1999. There were also four by-elections in the Dublin area from 1985 to date.

The Committee has also noted that between 1985 and 1997 all political campaigns were funded solely from private sources. Since that time some state funding has been available.

In order to be elected, candidates have to undertake significant expense. The average cost of a local election campaign during the relevant period appears to have been approximately £4,000. The cost of Dáil and Seanad campaigns would be multiples of that sum. It was therefore necessary for public representatives to seek and to accept funding from members of the public. The Committee takes the view that the receipt of a contribution to election expenses does not in itself lead to a conclusion of corruption.

However, where the Committee has learned of the receipt of a payment and has learned that either before or after the receipt of that payment that the recipient has voted for a rezoning or a material contravention motion which had a benefit for the donor, it has inquired in depth into the details surrounding the payment and the reasons for supporting the motion. In particular, the Committee has paid special attention to cash payments.

6. Co-operation Of Fine Gael Representatives

The Committee has been deeply impressed by two factors. Firstly, the level of co-operation making its inquiries it has received from the vast majority of the persons interviewed has been remarkable. Notwithstanding the fact that the Committee decided to limit its inquiries to payments over £500, many of the persons interviewed gave information in relation to much smaller amounts – even when such amounts were not received from builders, developers or their agents. Many related accounts of hampers, flowers, chocolates and mass cards being delivered to them at Christmas time. It was manifest to the Committee that these persons were anxious that full disclosure should be made.

Secondly the Committee was struck by the level of upset and outrage there was among the vast majority of the persons interviewed. Many felt that because of the few corrupt persons in public life, they were all being branded as corrupt. The Committee has no doubt but that a high percentage of persons interviewed are people of the utmost probity and the highest integrity. Where the Committee has been unable to come to this conclusion, it has so stated and given its reason for so stating.

7. Dublin Corporation

During the period under review Dublin Corporation had no available land for re-zoning. Motions proposing material contraventions to the Development Plan almost invariably were management driven. The Councillors were not therefore lobbied by builders or developers, to any significant degree.

The following who served on the Corporation were not in receipt of any payments over £500 from builders or developers or any persons acting upon their behalf:

Luke Belton, Brendan Brady, Gerry Breen, Richard Bruton, Peter Burke, Catherine Byrne, Tony Collis, Niamh Cosgrave, Joe Doyle, Tom Farrell, Cathy Fay, Alexis Fitzgerald, Frances Fitzgerald, Mary Flaherty, Alice Glenn, Chris Giblin, John Kearney Dr. Pat Lee, Charlie McManus, Maurice Manning, Ruairi McGinley, Gay Mitchell, Jim Mitchell.

Of those councillors who received sums of less than £500 from any such persons, the Committee is satisfied that such payments had no effect on their voting intentions.

8. Quarryvale:

One of the matters focussed upon by this inquiry has been the re-zoning of the lands at Quarryvale. An impression has been created that the issue was a simple one: Did you support the planners (who were the experts) or did you support the developer (who stood to make millions). The Committee has not sought to conclude who was right or wrong on this issue. It is clear however, that there were strong legitimate reasons for voting for and against such motions. Many of the councillors had been heavily canvassed by local interest groups, clergy, women’s groups etc. in an effort to elicit their vote for re-zoning. An indication of the nature and the intensity of this lobbying is demonstrated in a letter sent by two parish priests in the area to many councillors prior to the vote. The letter speaks of the Quarryvale development as "the single greatest hope" for the area and urges the Councillors to support the development proposals. The full text of this letter is set out in Appendix II The Committee has therefore worked from the premise that support for the re-zoning of Quarryvale is not, in itself, evidence of corruption.

9. Cherrywood

The Committee is not aware of any controversy associated with Cherrywood in the way that has become associated with Quarryvale. Nonetheless, as its terms of reference are broadly based and not just limited to Quarryvale consideration has been given to the voting records of Fine Gael Councillors as regards that development.

Cherrywood is located in the south of the county and stretches between Glenamuck and Loughlinstown. It has been developed by Monarch Properties and GRE Properties. All Fine Gael Councillors were lobbied in relation to this matter. This was particularly so for local councillors. Originally the 1983 development Plan had, for the most part, zoned the land as residential at one house per acre. The 1991 Draft Development Plan altered the zoning to four houses per acre. Ultimately, motions were passed to implement the County Manager’s recommendation that the lands in question be zoned at four houses per acre. The Committee has been advised of some payments received by certain of the Fine Gael Councillors from Monarch Properties/GRE, which later became Dunloe Ewart. The Committee has examined all such payments and its conclusions in respect of each such payment are contained later in this respect.

10. Absence Of Whip

The Committee noted from the minutes that members of the Fine Gael Group on the Council frequently took different sides on the same motion. This appears not to have been the case with the other political parties. The explanation given, and accepted by all but one of the persons interviewed, was that they had legal advice that in deciding a re-zoning or a material contravention motion, they were exercising a quasi- judicial function and that therefore each person must decide on the matter as they thought fit. Insofar as the Committee is qualified to do so, it takes the view that this was the correct position to adopt.

11. Very many of the persons interviewed recorded the fact that many business people, builders, developers, their agents etc. attended fund-raising functions, bought raffle tickets, played in golf classics etc. in their constituencies. The Committee formed the view that such support did not constitute any element of corruption.

SEAN BARRETT

Sean Barrett represented the Glencullen Electoral area between 1991 and 1994.

He received a sum of about £600 from Monarch Properties or their agent at the time of the 1991 Local Elections. The payment was made by cheque. This cheque was subsequently given by him to the local Fine Gael constituency organisation.

In the Cherrywood re-zoning debate he proposed a motion which would have limited the number of houses to be built to two houses per acre. This motion was defeated and permission for four houses per acre was given. The Committee has discussed with him in considerable detail his voting record on Cherrywood and is satisfied that the payment referred to above had no influence on his voting intentions

He received an unsolicited cheque for between £500 and £1,000 from Frank Dunlop at the time of the General Election in 1992. The Committee is satisfied that this payment had no influence on his voting intentions. The Committee is reinforced in this view in that he voted against a proposal to re-zone Baldoyle Racecourse in which he knew Frank Dunlop had some interest.

The Committee is aware that he did vote in favour of the Quarryvale re-zoning motion on November 1992.

The Committee is of the view that any other sums which were not in excess of £500 and which he has received from builders, developers or their agents had no effect on his voting intentions.

CATHAL BOLAND

Cathal Boland represented the Balbriggan area on Dublin County Council for the entire period under investigation.

The Committee’s interview with Mr. Boland was not productive.

On being questioned about one named possible donor, he indicated that he had received one large contribution on one occasion. It did not concern him at the time of receipt, as he believed it came from a group of persons. He has since become concerned about it and has brought it to the attention of the Flood Tribunal. Mr. Boland declined to give any details of this matter to the Committee as he said that Justice Flood had injuncted him from discussing this matter outside the Tribunal as it was under investigation by the Tribunal.

On being questioned in relation to another potential donor he declined to answer on the grounds that Justice Flood had also injuncted him from talking about any matter which might become the subject matter of inquiry by the Tribunal.

Mr. Boland assured the Tribunal that he had never received any payment which would be likely to cause any embarrassment to the Fine Gael Party.

In view of the unsatisfactory nature of our interview with Mr. Boland, the Committee is unable to come to any definitive conclusion concerning him

PETER BRADY

Peter Brady represented the Lucan electoral area between 1991 and 1999.

He supported the second Quarryvale rezoning motion and the amendments to the County Development plan implementing these changes in 1993.

He was lobbied by both sides prior to the vote. In particular, he remembers being lobbied by a group of local priests. He also remembers a women’s group also lobbying for it in Rowlagh Centre.

His rezoning philosophy was "every house built is a job saved or a job made". In a time of great unemployment in the area, this was the determining factor in how he voted.

He received no payments in respect of any vote he ever cast.

At Christmas, following the Quarryvale vote, he got a hamper from Frank Dunlop.

SAM CARROLL

Sam Carroll represented the Glencullen electoral area between 1985 and 1991.

He was not in receipt of any payments from builders, developers or their agents during the relevant period.

BREDA CASS

Breda Cass represented the electoral area of Tallaght Old Bawn between 1985 and 1998.

She was a member of Fine Gael up to 1991 when she joined the Progressive Democrats.

She never received any payments from any builder, developer or their agents during the relevant period.

LOUISE COSGRAVE

Louise Cosgrave has represented the electoral area of Stillorgan on Dún Laoghaire Rathdown County Council since 1999.

She has received no payments from any builder/developer, or their agents during the relevant period.

LIAM COSGRAVE

Liam Cosgrave represented the electoral area of Dún Laoghaire during the entire period under investigation.

During the relevant period he contested ten different elections (Local – 3, General –3, Seanad 4). He has also moved house on four occasions.

He did not keep his election expenses separate from his personal finances. He does not have any records of income or expenditure.

He believes that he received £2,000 in cash from Frank Dunlop in 1992/’93, £500 - £1,000 in 1997 and £500 in 1999. He cannot recall the circumstances in which these payments were made.

He also believes that he received some payment from Joe Tiernan in 1991 and possibly in 1992. These were for £500 or less.

He also believes that he received £500 or £1,000 in 1997 and £500 in 1999 from Monarch properties.

He voted for Quarryvale, Cherrywood and Finnstown re-zonings.

He categorically rejects any suggestion that he received any of these sums in exchange for any vote, or that there was any conditions attached to them whatsoever.

The Committee accepts that because of the number of elections which he has fought, coupled with his house moves, he would have more difficulty than most of the persons interviewed in recollecting events which were a considerable number of years ago.

Nonetheless in the absence of a detailed account of the circumstances in which these payments were made (particularly the £2,000 paid by Frank Dunlop in cash in 1992/’93), the Committee is unable to come to a definitive conclusion in relation to the payments made to him.

MICHAEL JOE COSGRAVE

Michael Joe Cosgrave represented the electoral area of Howth during the entire of the relevant period.

He received £1,000 from Frank Dunlop at the time of the Senate Election in 1993. This payment was made by cheque. It was unsolicited. He had voted in favour of the Quarryvale re-zoning in 1992. He also received £500 from Monarch Properties in 1992. He categorically denies having received any other payments from any other builders, developers or their agents. Because of his consistent voting in favour of re-zoning and material contravention motions, the Committee questioned him in relation to every person who had given support, large or small, to the other councillors who were interviewed. Other than the two payments mentioned above, he denied receipt of any other such payments.

It may be that he received £500 or £1,000 from Joe Tiernan in 1991. He has no recollection of this. Mr. Tiernan believes that he did make such a contribution. Both men are emphatic that such contribution was not a bribe. Mr. Tiernan was a well-known Fine Gael supporter (one time member of the National Executive) and gave support to a number of Fine Gael candidates in many elections.

Mr. Cosgrave is unapologetically in favour of re-zoning, as he perceives that it is beneficial in promoting business and employment.

The Committee are satisfied that the two payments (possibly three) mentioned above did not have any influence on his voting intentions.

EOIN COSTELLO

Eoin Costello has represented the Ballybrack Electoral area on Dun Laoghaire Rathdown County Council since 1999.

He has been in receipt of no payments from builders, developers or their agents during the relevant period.

BARBARA CULLETON

Barbara Culleton represented the Ballybrack electoral area in Dublin County Council between 1985 and 1991.

She received an unsolicited cheque of £100 from Richard Lynn (Monarch Properties) in 1991. She was surprised by this and contacted him to ascertain whether it had been sent by mistake as she had no intention of supporting the rezoning of Cherrywood because of the scale of the development intended. He stated that he was aware of her views but that as she was a hard-working straightforward member of the Council, he would be happy to help her be elected.

She was in receipt of no other relevant payments.

ANNE DEVITT

Anne Devitt represented the Swords electoral area during the entire of the relevant period.

Ms. Devitt outspokenly volunteered that when it came to rezoning it was not necessary for anyone to buy her vote as she was, and is, unapologetically in favour of re-zoning on the North and Western sides of Dublin. She says that her arguments in favour of this stance were openly stated by her on the floor of the Council Chamber and during election campaigns. Her philosophy was that what was needed on the North and West of Dublin was jobs and houses (this was particularly so in the Swords area). Her stated view was that the only way to achieve this aim was by rezoning land for residential and industrial purposes.

Because of her support for a large number of re-zoning and material contravention motions, the Committee questioned her specifically about payments from all the persons or bodies who had been named by other persons interviewed as persons who had made payments. The Committee also specifically questioned her about other named persons or companies.

She stated that in 1991 Frank Dunlop paid for an election leaflet, which had a value of between £200 - £400.

She denied that she had received any other payment from any builder, developer or their agent.

Both Frank Dunlop and Michael Bailey supported constituency fund-raising events such as the Swords lunch and a golf classic. Michael Bailey also made premises available to Fine Gael as its election H.Q. in 1992. These matters have already been disclosed by Fine Gael to the Flood Tribunal.

Ms. Devitt unequivocally committed herself to the following propositions -

1. She was never in receipt of any ‘payment’ from anybody other than genuine political contributions.
2. All such payments were lodged to the Bank of Ireland, James’ Gate to an account entitled the Fine Gael No. 2 Account. This account was operated by Tom Gray.
3. No such payments were lodged to any other account over which she had any central control or in which she has any beneficial interest.

The Bank of Ireland account, although entitled Fine Gael No. 2 account, was used exclusively for the benefit of Ms. Devitt. Its existence would not have been known to the officers of the Constituency. It was opened in or about 1990. Ms. Devitt states that lodgements made to that account would have been reasonably substantial. She was prepared for the Committee to inspect the records of the account provided it did not seek to trace the identity of the persons whose cheques were lodged to it. The reason advanced for this contention was her desire to protect the identity of persons who would then be ‘dragged into this witch-hunt’

The Committee was of the view that it would not accept any condition placed upon the use of the information given to it. It has not therefore looked at the records of this account.

Ms Devitt indicated that she has refused to allow the Flood Tribunal to inspect her personal accounts.

In the absence of any powers enabling the Committe to compel disclosures of bank accounts, records etc., it is impossible for the Committee to come to a definitive conclusion in respect of Anne Devitt.

JOHN DOCKRELL

John Dockrell represented the Ward of Blackrock from 1985 to 1995..

He has not been in receipt of any payments from builders, developers or their agents during the relevant period.

WILLIAM DOCKRELL

William Dockrell was co-opted on to Dublin County Council for the Blackrock Ward in 1995. He was elected in 1999.

He has never received any payment from any person which was in excess of £500.

He received an unsolicited contribution of about £500 from Richard Lynn of Monarch Properties.

The Committee is satisfied that any payment made to him had no effect on his voting intentions.

SEAN DOLPHIN

Sean Dolphin has represented the Malahide electoral area since 1999.

He has never received any payments from any builder, developer or their agents during the relevant period.

ÁINE ELLIOTT

Áine Elliott represented the electoral area of Blackrock between 1985 and 1991.

She has never received any payments from any builder, developer or their agents in the relevant period.

MARY ELLIOTT

Mary Elliott has represented the Dundrum Ward on Dublin County Council since 1985.

Ms. Elliott has received no payments from any builders, developers or persons acting on their behalf.

She attended one dinner hosted by Frank Dunlop in Roly’s Restaurant.

Ms Elliott demonstrated clear distress that she, as an honourable, conscientious public servant, should be ‘tarred with the same brush’ as persons who have used public office for personal gain.

JIM FAY

Jim Fay represented the Castleknock electoral area between 1985 and 1991.

He has been in receipt of no payments from any builder, developer or their agents that he can recall, during the relevant period.

Any contributions which he did receive for election expenses he remitted to the local constituency organisation.

BRIAN FLEMING

Brian Fleming represented the electoral area of Lucan between 1985 and 1991.

He received payments from three persons who had land/building interests in the County Council area. None of these payments exceeded £500.

He never voted in favour of any rezoning or material contravention motions affecting those lands.

PAT HAN

Pat Hand has represented the Clonskeagh electoral area since his co-option in 1996. He was elected in 1999.

He has never received any sum in excess of £500 from any builder, developer or their agents during the relevant period.

The Committee is of the view that any payments made to him for less than that sum by any such persons have not affected his voting intentions.

The Committee noted the evident distress caused to him by the allegations made against his late father, Tom Hand and the lack of opportunity he has had of refuting them. However, the Committee does not have the legal powers necessary to conduct such an investigation.

BRIAN HAYES

Brian Hayes was co- opted to South Dublin County Council in 1995. He represents the electoral area of Tallaght Central. He was elected in 1999.

In 1997 he received a payment from a firm of builders. This payment did not exceed £500. In 1999 he received a payment of £1,000 from a firm of builders. This payment was a contribution to the Fine Gael party and was forwarded by him to Fine Gael headquarters.

He has never participated in a vote in which the interest of either of such firms was involved.

The Committee is satisfied that no payments made to or through him had any effect on his voting intentions.

BRENDAN HENDERSON

Brendan Henderson represented the Dún Laoghaire Ward between 1985 and 1991.

He has received no payments from any builders, developers or their agents,during the relevant period.

PHILIP JENKINSON

Philip Jenkinson served on Fingal County Council between 1995 and 1999.

No payments were made to him by any builder, developer or their agents in the relevant period.

In 1997 he was given a substantial payment by a constituent who had difficulty with a planning decision. This was not a personal contribution but one to the Fine Gael Party. It was given to the local constituency organisation and there is a record of this.

The Committee is satisfied that no payment made to or through him ever affected the way he voted.

MICHAEL KEATING

Michael Keating represented Greenhills Walkinstown from 1991 to 1995.

He has no memory or record of any payment made to him by builders, developers or agents during the relevant period.

STANLEY LAING

Stanley Laing represented the electoral area of Terenure between 1985 and 1999.

He never received any payment from a builder, developer or their agents greater than £500 during the relevant period.

He did receive one payment of £500 in 1999 which he took to be a contribution to the Fine Gael party and which he forwarded to party headquarters.

The Committee is of the view that no payment ever made to or through him ever influenced his vote.

DONAL LOWRY

Donal Lowry represented the electoral area of Glencullen between 1995 following his co-option, and 1999.

He never received any payment greater than £500 from any builder, developer or their agents during the relevant period.

The Committee are satisfied that any payments which he received for less than £500 from any such person did not affect his voting intentions.

MARTIN LYNCH

Martin Lynch represented the electoral area of Terenure between 1985 and 1991.

He never received any payment in excess of £500 from any builder, developer or their agent during the relevant period.

He received one payment of less than £500 in 1991 from a fellow architect who worked for a developer.

The Committee are satisfied that he has never been influenced by any payment made to him.

LARRY McMAHON

Larry McMahon was a member of Dublin County Council between 1985 and 1991.

The only payment made to him in excess of £500 during the relevant period from a builder, developer or their agents was £1,000 paid to him by James Mansfield. Mr. Mansfield had an interest in the Clondalkin Paper Mill site. Mr. McMahon did not support that development.

The Committee are satisfied that no money he ever received influenced his voting intentions.

JOAN MAHER

Joan Maher represented the Howth electoral area during the entire of the relevant period.

She received £1,000 from Michael Bailey (Bovale) in 1997. It was paid by cheque. It was accompanied by a compliments slip She lodged this and alll other payments to a separate account in the Irish Permanent Building Society.

She also received a sum not greater than £500 from Joe Tiernan in 1997, notwithstanding the fact that she had voted against re-zoning in Finnstown.

The Committee is satisfied that she has not been influenced in any way by the contributions to her election expenses, which she has received.

DONAL MARREN

Donal Marren represented the electoral area of Ballybrack during the entire of the relevant period.

He never received any payment in excess of £500 from any builder, developer or their agent during the relevant period.

The Committee is satisfied that any payments which he received for less than that sum from such persons had no effect on his voting intentions.

GINA MENZIES

Gina Menzies represented the Clonskeagh electoral area between 1985 and 1991.

She never received any payment from any builder, developer or their agents in the relevant period.

She alone of the persons interviewed took the view that support for the Quarryvale re-zoning was "outrageous". She alone of the persons interviewed took the view that the position taken by the Fine Gael group on the Council, that a whip was inappropriate because they were exercising a quasi-judicial function, was "cant". The Committee has expressed its view on both of these matters.

OLIVIA MITCHELL

Olivia Mitchell represented the electoral area of Stillorgan between 1985 - 1999.

Since then she represents Glencullen.

In 1992 the total contributions made to her election expenses amounted to £2,150. Of this, £500 in cash was contributed by Mr. Frank Dunlop. Ms. Mitchell has no written record of this contribution and her husband believes that the contribution was less.

Ms. Mitchell did vote in favour of the Quarryvale rezoning in December 1991 and May 1992.

In 1997 Ms. Mitchell was elected to Dáil Éireann. The total contributions made to her election expenses was £6,700. This figure includes sums paid before the 18^th May 1997, the date after which it became obligatory to disclose contributions in excess of £500. The only payment from a builder, developer or persons acting on their behalf

which exceeded £500 in that year, was £1,000 paid from Dunloe/Ewart. Ms. Mitchell also volunteered the information that she had received £250 from Frank Dunlop.

The Committee has carefully examined Ms. Mitchell’s voting record on rezoning and material contravention motions during the relevant period.

The only occasions upon which her vote co-incided with the interests of one of her financial supporters were the Quarryvale rezoning votes. Ms. Mitchell has been interviewed at length on this topic. The Committee is totally satisfied that the payment of £500 to her by Mr. Frank Dunlop had no bearing whatsoever on Ms. Mitchell’s vote. Her co-operation with the Committee was total. She informed the Committee in detail of all contributions which had been made to her, even those less than £500. She even referred to gifts of flowers, mass cards etc., which were made to her at Christmas time. Her anxiety to assist all inquiries led her on occasions to overstate the amounts she received (e.g. She told the Flood Tribunal inquiry team that the amount paid to her by Frank Dunlop in 1997 was greater than the £250 which she did in fact receive).

Ms. Mitchell is clearly deeply upset by innuendos or suggestions that she had ever been influenced in her voting by the financial support which she has received.

The Committee is of the opinion that any such innuendos or suggestions are without merit.

TOM MORRISSEY

Tom Morrissey represented Castleknock between the years 1991 to 1997 when he joined the Progressive Democrat Party.

He voted against Quarryvale . In 1996 he received an unsolicited sum of £2,000 cash. He has stated that he told Judge Flood about this sum and wouldn’t give the Committee any further information relating to it. The Committee are therefore not in a position to come to a definitive conclusion in relation to this payment.

MARY MULDOON

Mary Muldoon represented the Rathfarnham electoral area between 1985 and 1999.

She has never received any payment from any builder, developer or their agents during the relevant period.

NORA OWEN

Nora Owen represented the Malahide electoral area from 1985 to 1994.

She received a sum of £500 or £1,000 from Frank Dunlop in 1992 to help defray her election expenses for the General Election of that year. The sum was paid by cheque. It was unsolicited. She handed this cheque to the local constituency organisation.

In March 1997 she received £1,000 from Monarch Properties. This payment was by cheque. It was unsolicited. This payment was also handed over to the local constituency organisation.

In 1999 she received £250 from Frank Dunlop. This payment was made by cheque. It was unsolicited. This payment was also handed over to the local constituency organisation.

The above are the only payments made to her of which she has any memory or record. Any payments which were made to her, she handed over to the local party constituency election fund.

The Committee is satisfied that any payment made to her had no influence on her voting intentions.

THERESE RIDGE

Therese Ridge represented the Clondalkin area during the entire period under investigation.

She received an unsolicited donation of £500 in cash from Frank Dunlop at the time of the 1992 General Election. She also received an unsolicited donation of £500 in cash from him at the time of the 1993 Senate Election.

She got a contribution from Philip Reilly of Monarch Properties in 1992. She has no record of this but believes that it was below £500.

She received a cheque for £1,000 from Joe Tiernan of Tiernan Homes Ltd. in 1992. This was unsolicited. He is a known Fine Gael supporter who lives in her constituency. She also knew him in his capacity as Chairman of Stewarts Hospital Board, as she worked there as a literacy and social education teacher for mild to moderately mentally handicapped people. She categorically states that there was nothing asked of her in exchange for these donations.

She voted in favour of the Quarryvale re-zoning motions, the material contraventions motion in respect of lands at Finnstown, Lucan (429/90) (Tiernan Home Builders Ltd.) and the re-zoning of Cherrywood (Monarch Properties).

Because of her support for re-zoning which was in the interest of persons who had given her financial support, the Committee questioned her closely on two occasions about her reasons for so doing.

The Committee is satisfied that Ms. Ridge did not allow the payments which she received to influence her decision to vote on any of these three motions.

She received no other payments from any other builder, developer or their agents.

MARIAN SHEEHAN

Marian Sheehan represented the electoral area of Mulhuddart between 1985 and 1991.

She has received no payments from any builders, developers or their agents during the relevant period.

ALAN SHATTER

Alan Shatter represented the electoral area of Rathfarnham between 1985 and 1999.

He received payments from one building contractor with whom he had a personal friendship, at election times during that period. These payment did not exceed £500.

He did not vote on any rezoning or material contravention motions in which that firm had an interest.

The Committee is satisfied that no payments made to or through him had any effect on his voting intentions.

SHEILA TERRY

Sheila Terry has represented the Castleknock electoral area from 1991 to date. She joined the Fine Gael party in 2000.

She believes that she may have received financial support from Owen O’Callaghan or Frank Dunlop in 1992. She did not however, support the Quarryvale re-zoning motion.

She also received financial support from builders, developers or their agents around the time of the Dublin West Dáil by-election in 1996.

Any payments which were made to her were given to the election account held by the Progressive Democrat party in her constituency. There should therefore be records of all payments made to her with that party.

The Committee is quite satisfied that no payment made to her in any way influenced her voting.

Recommendations

In light of the Committee’s findings, the following matters occur to the Committee as being sensible and prudent measures which will assist in bringing about the restoration of public confidence in local democracy which has been undermined by current scandals.

• All local authority candidates should keep and maintain a separate and distinct electoral bank account.
• Electoral declaration to be made.
• Contributions to be receipted.
• Cap on electoral expenditure.
• Declaration of interests.
• A donation statement to be made by all local authority candidates.
• Application of Ethics in Public Office Act, 1995 to local authority candidates.
• Public Offices Commission to be accounting agency for donations received and expenditure of County Councillors.
• Amendment of bribery/corruption laws.

Separate Bank Account

Our inquiries have revealed that, for the most part, candidates when contesting elections invariably fund election campaigns from their own personal resources. This has meant that many contributions received go into their personal accounts. Particularly in the early 1990s, contributions received would frequently be in cash with no reliable means of recording the donor. Instances of candidates maintaining separate electoral bank accounts were the exception. The Committee strongly recommends that all candidates should maintain a separate, dedicated electoral bank account through which all contributions and disbursements should be made. It should be a requirement of all candidates who stand for Fine Gael that they make available to the General Secretary of the party, on demand, details of such accounts and all or any corroborating documentation. The application of the Electoral Acts would also have implications for the candidate in the making of returns to the Public Offices Commission.

Declaration Statement

All local authority candidates should be required to make a written statement to the Public Offices Commission in respect of all donations exceeding a sum of £250, setting out the value of each such donation and the identity of the donor.

"Donations" would have the meaning attributed to it in the Local Election (Disclosure of Donations and Expenditure) Act 1999.

Contributions To Be Receipted

All contributions received by a local authority candidate in excess of £250 should be receipted in writing to the donor and a record kept by the candidate. Anonymous donations in excess of this figure should not be accepted but should be passed on to the Public Offices Commission as required of Dáil candidates by virtue of Section 23 of the Electoral Act, 1997.

Cap On Electoral Expenditure

The Electoral Act 1997 introduced strict budgetary controls on expenditure by Dáil candidates of approximately £4,500 per election. The Committee feels that the aggregate of election expenses, which ought to be incurred by or on behalf of a local authority candidate, should not exceed the sum of £4,500 for a 3 seater, £5,500 for a 4 seater and £6,500 for a 5 seater.

Declaration Of Interest

Every local authority candidate should make a declaration as to his/her interest or dealing with any profession, business or occupation in which he/she is engaged or employed and which relates to any of the following: -

• dealing in development land during the appropriate period;
• any interest which he/she has in property, including any interest in any contract entered into by him/her for the purchase or sale of property, and any option held by him/her therein; any business or dealing in development land carried on during the appropriate period;
• any holding by him/her of shares in a company exceeding £5,000;
• any directorships; and all "donations" made.

Where, at a meeting of the local authority, a resolution motion question or other matters are proposed as a result of any of its functions then the county councillor where he has actual knowledge that he has a beneficial or material interest in the matter should disclose the matter at the meeting before discussion or consideration and withdraw from the meeting for so long as the matter is being discussed or considered and take no further part in the discussion or consideration of the matter and refrain from voting.

Donations Statement

All local authority candidates should be required to make an annual donation statement to the Public Offices Commission, setting out full details as to all declarable donations received by him/her and the identity in each case of the donor and the amounts received.

Public Offices Commission

The Committee, in the course of its inquiry, was conscious of the heavy cost involved for candidates in contesting local authority elections. This has risen sharply over the years, as the public requires professional campaigns on a par with that conducted by Dáil candidates. Our inquiries have suggested that the average cost of contesting a local authority election is in the region of £4,500, depending on the size of the ward. No State funding is available to local authority candidates at present so that the reality is that funding must be generated by subscription. This Committee recognises the importance in the democratic process of enabling people to donate to candidates as they see appropriate.

Yet, elections cost money and in the absence of sufficient State funding, voluntary subscriptions from the public, subject to certain disclosure requirements, must continue.

The Local Elections (Disclosures of Donations and Expenditure) Act 1999 applies to Councillors much of the same disclosure requirements as apply to Dáil candidates. In the Committee’s view, the Public Offices Commission should be the accounting agency to whom the declaration should be made. While in no way questioning the impartiality and integrity of the Clerk of the County Council, the Committee believes that a wholly separate and detached entity, such as the Public Offices Commission, would be preferable.

Application Of Ethics In Public Office Act 1995

The requirement to register interests and make a formal declaration of interests before participating in any vote, makes abundant sense. Likewise, the ability of the members to investigate contraventions (as has recently occurred in the Dáil) should be incorporated and have application to county councillors.

Code Of Conduct

A code of conduct for the guidance of county councillors, dealing with the conduct and standards of integrity, should be adopted and reviewed by each County Council at the commencement of its term.

Amendment Of Bribery/Corruption Laws Legislation

Our corruption laws are outdated and need to be defined in the form of a modern statute. Bribery needs to be statutorily defined and new legislation needs to deal with instances of corruption and bribery found in a modern society, such as secret commissions, payola, and misuse of information for personal gain. A necessary ingredient for a successful prosecution would be that the bribe or inducement is offered or received "corruptly". This should be statutorily defined, and the burden of proof should be placed on the shoulders of the person charged. Further resources should be made available to the Gardaí including accountancy expertise, so as to equip them in dealing more adequately with instances of corruption.

Conclusions

The above represent the recommendations of this Committee at this juncture. The Committee are conscious that this report is being made during a turbulent and controversial period for local government, and in the medium term of the Flood Tribunal. In that context, and in the light of unfolding revelations, the Committee must reserve its position in relation to such further recommendations as it may wish to make in the future.

Dated 12^th May, 2000

Appendix I

Comhairle Chontae Atha Cliath

Minutes of Meeting of County Council held on 9th October, 1989

"We the members of Dublin County Council pursuant to Section 4 of the City and County Management (Amendment) Act 1955 hereby require the Dublin City and County Manager or any Assistant Manager having delegated powers, to construct, as soon as possible, a pathway down the North side of Johnstown Road between Pottery Road and Oakdale Drive, in view of the housing/other developments along this road."

The following report by the Manager was READ:

"The estimated cost of providing a footpath on Johnstown Road from Pottery Road to Oakdale Drive is £ 17,000 for which there is no finance available in the current years estimates. It will be considered for funding in the context of the 1990 estimates."

Following discussion the motion was PASSED unanimously there being 31 members present.

C/776/89

REQUEST FOR A JUDICIAL INQUIRY

C/834/90

JUDICIAL INQUIRY - PLANNING

Appendix II

From the priests of Neilstown and Rowlagh/Quarryvale

Appendix III