Opposition demands scope of tribunal be extended

THE Government has been presented with an awkward political problem for its first Dail sittings next week, with Opposition demands for an extension of the terms of reference of the Tribunal of Inquiry (Dunnes Stores) into payments to politicians.

The three main parties in the defeated Rainbow Government - Fine Gael, Labour and Democratic Left will he tabling Dail motions on Wednesday seeking to broaden the tribunal's remit to inquire into other aspects of the secretive Pounds 30-Pounds 40 million bank account disclosed at Monday's hearing.

A Government spokesman offered "no comment" on the development last night, indicating only that the matter had not been discussed at yesterday's Cabinet meeting.

The separate Dail moves by the three main Opposition parties, however, are likely to cause embarrassment to the Government since both the Taoiseach, Mr Ahern, and the Tanaiste, Ms Harney, had called for the fullest possible investigation into the Pounds 1.3 million paid by Mr Ben Dunne to former Taoiseach, Mr Charles Haughey, while in Opposition.

The deputy leader of Fine Gael, Mrs Nora Owen, said yesterday the terms of reference of the McCracken tribunal could only be amended by the Oireachtas, which would go into recess from July 10th until October. It was essential the Fine Gael motion be taken in Government time on the first working session of the Dail next Wednesday, she added, as the tribunal would continue its work during the summer.

The chief whip of the Labour Party, Mr Brendan Howlin, also announced his party would be tabling a motion to amend the tribunal's terms of reference. "It is clear that in order for all the matters raised to be fully exposed, an expansion of the terms of reference will be required. We would expect that the new Government will itself realise the need to address this issue urgently," he said.

Democratic Left's Mr Pat Rabbitte said it was now incumbent on the Government to examine if the terms of reference could be broadened to encompass an investigation into "the breath-taking disclosures" at Monday's hearing. "If Fianna Fail is determined to reinvent itself, its reaction to managing the fall-out and implications of the tribunal will be the first acid test," he added.

Indicating that the "extraordinary disclosures" gave rise to the most fundamental questions for public and tax policy, Mr Rabbitte suggested that if for whatever reason, it did not prove feasible to, extend the scope of the tribunal he accepted that Mr Justice McCracken's agreement would be necessary then the Government should state its willingness to take whatever measures were necessary to allay public concern.

It was not clear from yesterday's Opposition statements if the three parties would attempt to put a combined motion before the Dail next week. The Government will be forced to give its initial response to these developments at the party whips' meeting tomorrow.

Meanwhile, a court in the Cayman Islands has refused an application from the tribunal that it be allowed take evidence there. The court ruled the tribunal was not a court or tribunal for the purposes of the Cayman law.

The tribunal is likely to appeal the decision, but it would be November at the earliest before an appeal could be heard.

Advances made by the tribunal team in following the trail left by the Dunnes payments have meant the Cayman evidence is not as crucial as had hitherto been the case. The tribunal was told by Mr Denis McCullough SC on Monday that information held in the Cayman Islands mirrored details held in Dublin as to who owned money held in the so-called Ansbacher deposits".