Terms of banking inquiry ‘wrongdoing’ review criticised

The terms of reference for an examination of alleged wrongdoing at the Oireachtas banking inquiry have been criticised by a Fianna Fáil senator.

Inquiry member Marc MacSharry said the terms established a “review” of practice as opposed to a full investigation. He called the terms inadequate and said an independent investigation should take place.

Senior counsel Senan Allen will examine the claims and the terms state he will “conduct an independent review” on the issues raised in a report outlining the concerns brought forward by a member of the staff of the inquiry’s investigation team under the Protected Disclosures Act 2014.

Specifically these relate to claims the committee was provided with false information, as well as allegations of irregularity and poor practices in relation to the redaction and withholding of information.

It will also focus on claims investigators assisted some participants in securing favourable treatment, a failure to deal with conflicts of interest and the alleged leaking of information to a journalist.

Mr Allen is due to submit his report to the clerk of the Dáil next month.

“I understood that the (Protected Disclosures Act) provides for an investigation. This appears to be a review. A review cannot make findings. This is not an investigation and as such is inadequate,” Mr MacSharry said.

The Senator said “a full independent inquiry separate to the Houses of the Oireachtas” should be carried out to protect the integrity of the inquiry and its work to date.

Terms of Reference for the review of matters concerning the investigation team working to the Joint Committee of Inquiry into the Banking Crisis

1. To conduct an independent review on behalf of the Acting Clerk of Dáil Éireann of the issues raised in a document entitled Report on the Operation of the Investigation Team dated 10 July 2015 by a member of staff of the Investigation Team and in particular in relation to the following matters:

a. The allegation that the Joint Committee was provided with false information.

b. The allegations of irregularity and poor practices and procedures in relation to the redaction and withholding of materials and documents.

c. The allegation that investigators assisted Participants in their attempts to obtain favourable treatment.

d. The alleged failure of procedures for dealing with conflicts of interest and the management of same during the course of the Banking Inquiry.

e. The alleged leaking of information or documents to a named journalist.

2. To consider the matters set out in paragraph 1 in the context of the statutory framework that the Banking Inquiry is operating under, the extent of the Terms of Reference of the Banking Inquiry as passed by Dáil Éireann and Seanad Éireann, the time limit under which the Inquiry must be conducted and any other material factors.

3. This review will be conducted in accordance with fair procedures and will in particular respect the rights of all parties who participate in the procedure.

4. To deliver a report to the Acting Clerk of Dáil Éireann on matters set out at No. 1 above and to identify and recommend if any further action should be taken by the Service.