Ahern resists demands that Burke should be named

There were further sharp exchanges when the controversy surrounding the £30,000 payment to the Minister for Foreign Affairs resurfaced in the Dail yesterday morning.

The Taoiseach strongly resisted renewed Opposition demands that Mr Burke be named in the terms of reference for the proposed tribunal into planning in north Dublin.

However, Mr Ahern agreed to examine a proposal by the Labour leader, Mr Dick Spring, that the names of all politicians who had received financial contributions from Mr Michael Bailey and Mr James Gogarty be included in its terms of reference.

Mr Spring said he had been listening to mutterings from Fianna Fail Ministers and there seemed to be an allegation that other politicians should be named.

"So be it. Let us amend the terms of reference to include the identity of all recipients of payments made to political parties, members of the Oireachtas and local authorities by Mr James Gogarty and Mr Michael Bailey from 1989 to date and the circumstances, considerations and motives thereof."

He added that this would effectively include anybody who had received payments from the two men.

Mr Bruton said it would be a very good idea if the terms of reference were to include any payments made by Mr Bailey and Mr Gogarty to any politicians. "And I challenge the Taoiseach, who seems to put so much faith in anonymous suggestions and rum ours, to come out and say what allegation he and Mr Dermot Ahern are making about others."

The Taoiseach said that Mr Spring had made a fair point which he would have a look at. He added that he did not believe any politician in the House was guilty of anything unless proof was provided.

Addressing the Opposition benches, he said: "I would like to think everybody in this House stops whispering. Your own side has been whispering all summer about things."

The Fine Gael chief whip, Mr Sean Barrett, said: "Tell your Ministers to stop whispering."

Mr Bruton claimed that the terms of reference seemed to contravene the Tribunals of Inquiry Act 1921 because they did not refer to a definite matter. Under the Act a tribunal could be established only to inquire into a definite matter.

Mr Ahern repeated his assertion that Mr Burke should not be named in the tribunal's terms of reference. He recalled that Mr Michael Lowry had not been named in the terms of reference of the McCracken tribunal when it was set up.

He said that Donnelly Neary & Donnelly solicitors had written to him referring to 52 allegations, and that there were other politicians involved. What he wanted, he added, was that between now and Christmas the tribunal would deal with the matters relating to Mr Burke, the land referred to in the letter, and the letter sent to him as Taoiseach.

Mr Bruton asked if Mr Ahern would agree to include explicitly in the terms of reference the payment of £30,000 on June 12th, 1989, at Briargate, Swords.

Mr Ahern said he wanted the issue definitively dealt with, and he was prepared to look at it.

"Why do we not name others ? The man is innocent. He is prepared to go before a tribunal of this State and be fully investigated. But he is innocent. Is it all just about nailing him?"

Mr Bruton said that Mr Ben Dunne's name had been referred to in the terms of reference of the McCracken tribunal and that did not imply any wrongdoing on his part.

"Naming any individual in the terms of reference of a tribunal does not imply wrongdoing one way or another. And I do not understand the Taoiseach's reluctance to name the individual who received the money."

Mr Ahern said that Mr Bailey and Mr Gogarty were referred to in the terms of reference of the tribunal into planning in north Dublin, just as Mr Dunne was in the McCracken tribunal. "We followed exactly the same logic."

Mr Bruton retorted: "Why mention the donor and not the recipient?"

Mr Proinsias De Rossa said that the names of Mr Charles Haughey and Mr Michael Lowry had not been included in the terms of reference of the McCracken tribunal because the inquiry specifically related to payments to politicians.

It related to how much, how often, or to whom Mr Dunne had made payments. There now was the Moriarty tribunal to inquire further into matters that arose during it.

The terms of reference of the tribunal on planning related to a letter from Mr Bailey to Mr Gogarty about planning, and there was no reference to payments to Mr Burke or anybody else. The simple way of clearing the matter up was to refer the £30,000 contribution to the preliminary process of the Moriarty tribunal.

Mr Bruton challenged a vote on the Order of Business, insisting that his party would not support it until a satisfactory agreement had been reached regarding a tribunal of inquiry, and particularly the inquiry into the payment of £30,000 to the Minister for Foreign Affairs.

The Government won the division by 75 votes to 65.

Mr De Rossa sought an emergency debate on an amendment to the Moriarty tribunal to enable it examine the amount, source and circumstances of the financial donation received by Mr Burke, but this was rejected by the Ceann Comhairle, Mr Seamus Pattison.