The Planning Tribunal was established by the Oireachtas in October 1997 under the chairmanship of Mr Justice Flood. It was set up to investigate the planning history of 726 acres of land in north Co Dublin. These were the subject of a letter written by the developer Mr Michael Bailey to Mr James Gogarty, then of Joseph Murphy Structural Engineering, in June 1989.
Mr Gogarty alleges that the former Minister for Foreign Affairs, Mr Ray Burke, received payments amounting to £80,000 from JMSE and Mr Bailey in connection with the lands. Mr Burke says he received £30,000.
The terms of reference of the tribunal were widened in June 1998 following the disclosure of a further payment of £30,000 to Mr Burke in 1989, this time by Rennicks Manufacturing Ltd. The tribunal is also empowered to investigate all improper payments made to politicians and public officials in connection with the planning process. Under this provision, it is investigating allegations made by the UK-based Irish property developer Mr Tom Gilmartin about payments, including a claim that he gave the EU Commissioner Mr Padraig Flynn a £50,000 cheque in 1989.