Antiquated laws hamper corruption prosecutions

IT will be extremely difficult to prosecute anyone in relation to planning corruption, despite five years of investigations, the Flood Tribunal report is expected to conclude today.

Tribunal chairman Mr Justice Flood, who has been investigating rezoning in North County Dublin, will highlight difficulties in proving corruption because of antiquated laws and is expected to call for stricter legislation.

The Tribunal’s interim report, which has clocked up costs of 21.4m so far, is expected to be highly critical of former Fianna Fáil minister Ray Burke who received hundreds of thousands of euro from developers and businessmen over a 20-year period.

Under the Tribunal’s terms of reference, Justice Flood must decide whether payments to Mr Burke amounted to corruption or if they were designed to “compromise the disinterested performance of public duties”.

Mr Burke has always maintained that donations he received during his career were political contributions and were unconnected to planning decisions.

Mr Justice Flood’s comments on the former minister’s actions may prove highly embarrassing for the Fianna Fáil-led Government already under pressure over controversial budget cuts.

Prior to appointing Mr Burke as the Minister for Foreign Affairs, Taoiseach Bertie Ahern said that he had conducted an exhaustive investigation into allegations about payments for planning.

However, just months later it emerged that Ray Burke had received payments from engineering firm JMSE, discrediting Mr Ahern’s investigation.

The Flood Tribunal was established in October 1997 to investigate the planning history of 726 acres of land in North Co Dublin and the tribunal is expected to continue with its investigations for another two years.

It has come under heavy criticism for its slow pace and wide terms of reference and has not sat in public for almost a year.

However, it is due to resume hearings next month and will be joined by two new judges.

The next section of investigations will focus largely on claims by former Fianna Fáil press secretary Frank Dunlop who says that he made substantial payments to politicians.

He revealed that, in April, 2000, he had paid 15 politicians in connection with the rezoning of the Quarryvale site in West Dublin.