The loophole which prevented the Moriarty tribunal from pursuing Mr Charles Haughey for costs is to be closed. The Labour Party leader, Mr Ruairi Quinn, last night published a Bill to amend the Tribunals of Inquiry Act which the Taoiseach has signalled his willingness to support.
The proposal allows a tribunal to award costs incurred through the failure of a person to co-operate fully with a judicial inquiry. The Bill, Mr Quinn said, would be in situ for the forthcoming tribunals on payments to Mr Haughey and Mr Michael Lowry and planning in north Co Dublin.
"I welcome the Taoiseach's decision to close off this loophole in the Tribunals Act. It is regrettable that Mr Haughey, in the opinion of the Attorney General, cannot be called to account for his action, but it would be inexcusable if the same circumstances were allowed occur again," Mr Quinn added.
It emerged last week that Mr Justice Brian McCracken did not have the power, under present law, to award any of the costs of the tribunal against any other party. The Chief State Solicitor, on behalf of the Attorney General, took the view that the greatest amount of expense caused by Mr Haughey's conduct was incurred by the tribunal alone, rather than by any person appearing before it.
Consequently it appeared that such expense could not be met by any order against Mr Haughey. Any steps to require Mr Haughey to pay costs would involve the tribunal incurring further expense for the by the taxpayer.