The following is a draft text of the proposed terms of reference for a new Tribunal of Inquiry into payments to politicians:
TERMS OF REFERENCE - DRAFT (5.30 p.m. Wednesday 3.9.97) 3 September, 1997 That Dail Eireann (That Seanad Eireann)
Bearing in mind serious public concern arising from the Report of the Tribunal of Inquiry (Dunnes Payments) published on 25th day of August 1997 which established that irregular payments were made to and benefits conferred on certain persons who were members of the Houses of the Oireachtas between 1 January 1986 and 31 December 1996,
And noting that the said Tribunal established that money was held on deposit in certain Irish banks by certain offshore banks in memorandum accounts (`the Ansbacher accounts') for the benefit of certain Irish residents including Mr Charles Haughey (the history of which deposits is set out in Chapter 6 of the Report of the said Tribunal),
And noting further that the Dunnes Payments Tribunal was unable by reason of its terms of reference to investigate the source of the Ansbacher accounts other than in respect of sums paid by certain persons referred to in the said terms of reference,
Resolves that it is expedient that a Tribunal be established under the Tribunal of Inquiry (Evidence) Act 1921, as adapted by or under subsequent enactments and the Tribunals of Inquiry (Evidence) (Amendment) Act 1979, to inquire urgently into and report to the Clerk of the Dail and make such findings and recommendations as it sees fit, in relation to the following definite matters of urgent public importance:
(a) Whether any substantial payment was made, directly or indirectly, to Mr Charles Haughey (other than a payment ascertained in the report of the Dunnes Payments Tribunal) during any period when he held Ministerial (Public) Office (Commencing on 1 January 1979), in circumstances giving rise to a reasonable inference that the motive for making the payment was connected with any Ministerial Office held by him, or had the potential to influence the discharge of such Office.
(b) The source of any money held in the Ansbacher accounts for the benefit or in the name of Mr Charles Haughey or any other person who holds or had held Ministerial Office, or in any other bank accounts discovered by the Tribunal to be for the benefit or in the name of Mr Haughey or for the benefit or in the name of a connected person within the meaning of the Ethics in Public Office Act 1995, or for the benefit or in the name of any company owned or controlled by Mr Haughey.
(c) Whether any payment was made from money held in any of the accounts at (b) to any person who holds or has held Ministerial Office during the period of his/her tenure.)
(d) Whether Mr Charles Haughey did any act or made any decision, in the course of his Ministerial Offices, to confer any benefit on any person making a payment referred to in paragraph (a), or on any person who was the source of money referred to in paragraph (b), or on any other person in return for such payments being made, or procured any other person to do such an act or make such a decision.
(e) Whether any substantial payment was made directly or indirectly to Michael Lowry (other than a payment ascertained in the report of the Dunnes Payments Tribunal), during any period when he held Ministerial (Public) Office in circumstances giving rise to a reasonable inference that the motive for making the payment was connected with any Ministerial Office held by him or had the potential to influence the discharge of such Office.
(f) The source of any money (other than that already ascertained and referred to in the report of the Dunnes Payments Tribunal) held in the Allied Irish Banks in the Channel Islands, the Allied Irish Banks, Dame Street, Dublin, the Bank of Ireland (IOM) Limited in the Isle of Man, the Irish Permanent Building Society, Patrick Street branch, Cork, or Rea Brothers (Isle of Man) Limited, in accounts for the benefit or in the name of Mr Lowry or any other person who holds or has held Ministerial Office or in any other bank accounts discovered by the Tribunal to be for the benefit or in the name of Mr Lowry or for the benefit or in the name of a connected person within the meaning of the Ethics in Public Office Act 1995 or for the benefit or in the name of any company owned or controlled by Mr Lowry.
(g) Whether Mr Michael Lowry did any act, or made any decision in the course of any Ministerial Office held by him, to confer any benefit on any person making a payment referred to in paragraph (e) or on any person who was the source of any money referred to in paragraph (f) or on any other person in return for such payments being made, or procured any other person to do such act or make such decision.
(h) Whether any payment was made from money held in any of the bank accounts referred to in (f) to any person who holds or had held Ministerial Office during the period of his/her tenure.
(i) Whether any holder of Ministerial (public) office for whose benefit money was held in any of the accounts referred to at (b) or (f) did any act, in the course of his or her Ministerial (public) office, to confer any benefit on any person who was the source of that money, or procured any other person to do such an act.
`Payment' includes money and any benefit in kind and the payment to any person includes a payment to a connected person within the meaning of the Ethics in Public Office Act, 1995.
`Person' includes any natural or legal person or any body of persons whether incorporated or not.
And that the Tribunal be requested to conduct its enquiries in the following manner, to the extent that it may do so consistent with the provisions of the Tribunals of Inquiry (Evidence) Acts, 1921 and 1979,
(i) To carry out such preliminary investigations as it thinks fit using all the powers conferred on it under the Acts, in order to determine whether sufficient evidence exists in relation to any of the matters referred to above to warrant a full inquiry in relation to such matters,
(ii) To inquire fully into all matters referred to above in relation to which such evidence may be found to exist, and to report to the Clerk of the Dail thereupon,
(iii) In relation to any matters where the Tribunal finds that there is insufficient evidence to warrant a full inquiry, to report that fact to the Clerk of the Dail and to report in such manner as the Tribunal thinks appropriate, on the steps taken by the Tribunal to determine what evidence, if any, existed,
(iv) To report on an interim basis, not later than three months from the date of establishment of the Tribunal or the tenth day of any oral hearing, whichever shall first occur, to the Clerk of the Dail on the following matters:
the number of parties then represented before the Tribunal;
the progress which has been made in the hearing and the work of the Tribunal;
the likely duration (so far as that may be capable of being estimated at that time) of the Tribunal proceedings;
Any other matters which the Tribunal believes should be drawn to the attention of the Clerk of the Dail at that stage (including any matter relating to the terms of reference);
And that the person or persons selected to conduct the Inquiry should be informed that it is the desire of the House that the Inquiry be completed in as economical a manner as possible, and at the earliest date consistent with a fair examination of the matters referred to it;
And that the Clerk of the Dail shall on receipt of any Report from the Tribunal arrange to have it laid before both Houses of the Oireachtas immediately on its receipt.