Former government minister Michael Lowry has condemned the Moriarty tribunal as a “quasi-judicial legal farce” that is “out of control for years ” and he claimed the tribunal has recalled two witnesses from the Attorney General’s office because of the threat of a High Court action.
Mr Lowry, a central figure in the tribunal’s investigation into the awarding of the mobile phone licence to Denis O’Brien’s Esat Digifone, said the Oireachtas had stood back and allowed the tribunal and its senior barristers in particular to become “untouchables”.
He accused senior counsel of putting in bills in which they over-claimed by €250 a day and refunds had not been demanded, but he said if they were social welfare recipients they would be “hounded and harassed” for repayment.
The tribunal had been expected to issue its report this month, but this has been delayed because two State witnesses had been recalled.
During Taoiseach’s questions in the Dáil, Mr Lowry said however that “the witnesses from the Attorney General’s office were not called back by Mr Justice Moriarty. They were called back because he was forced to call them back because if he didn’t call them back, he would have a High Court case hearing this morning.”
Mr Lowry asked Brian Cowen how he could justify “what is ultimately going to be a multi-million cost of this tribunal”.
The Taoiseach told the House the tribunal had cost his department €38.27 million up to then end of last year, and €10 million to other departments. Fine Gael leader Enda Kenny estimated that with third party costs the bill could be more than €100 million.
Mr Lowry said he had had 13 years experience with the tribunal, and he asked how the Taoiseach’s officials “could allow senior barristers to be putting in bills to you which are incorrect, which are overstated by €250 a day which amounted to millions of euro and you didn’t claim it back”.
He said: “If it was a social welfare recipient you’d harass them and hound them and make sure the money was paid. I have come to the conclusion Taoiseach the officials in your department have allowed this tribunal to become untouchables particularly the barristers.”
He said that: “while we’re talking here this morning about the economy being in tatters we’re still observing and sanctioning the payment to senior counsel every day including Saturdays and Sundays which they have drawn for
If you look at the invoices going into your department from the tribunal you will see that senior counsel are paid €2,500 now €2,250 per day and they are claiming for Saturdays and Sundays in some instances after 13 years".
“How can you justify this expenditure of public funds on an on going basis when you’re reducing social welfare, you’re cutting the public service pay bill, you’re taking medical cards from people who deserve them, you’re reducing the health services and you’re reducing funding for our hospitals.”
Mr Cowen said it was “very much my view” that there is an acknowledgement “that there is a need to deal with matters of urgent public importance in alternative ways than has been the case under the 1924 legislation”.
“I am aware that deputy Lowry obviously has a close involvement and knowledge in this matters and it has gone on for a very, very long time.”
Mr Cowen added that “The case for Government is that we wish to see obviously these matters brought to a conclusion as quickly as possible in the interests of everybody”. He pointed out that the “length of time it is taking because of a whole range of issues, including challenges” which people were entitled to take.