Banking inquiry warning to media

The head of the banking inquiry has written to all national media outlets warning journalists they face criminal prosecution if any leaked witness statements are published before they are officially made public.

Inquiry chair and Labour TD Ciarán Lynch wrote the ‘reminder’ letter to newspapers, radio and TV stations yesterday after details of former Department of Finance secretary general Kevin Cardiff and former Taoiseach Brian Cowen’s statements were revealed in recent weeks.

In correspondence sent before Mr Cowen’s second appearance today and as Taoiseach Enda Kenny, ex-taoiseach Bertie Ahern, Tánaiste Joan Burton, ex-Tánaiste Mary Harney, ex-Green Party leader John Gormley and a host of other political heavyweights attend, Mr Lynch said any leaks are a breach of the law.

While the inquiry has warned after previous leaks that anyone providing the information may be prosecuted due to the investigation’s quasi-legal nature, the correspondence has now placed equal pressure on media outlets if the move is repeated.

“As you may be aware, extracts from confidential documents have recently been published on more than one occasion by certain media institutions,” the letter read.

“Following one such recent publication, the Joint Committee [the banking inquiry] made a decision to regard witness statements as confidential documents. A warning to this effect is now placed on the front of all witness statements. Any person who does breach [the Act governing the inquiry] is guilty of an offence.”

The letter continued that the inquiry wanted to “draw your attention to the fact it has contacted” gardaí over previous leaks, and that “serious criminal implications” may apply if the “viability” of the inquiry’s work is affected.

The correspondence — which in a highly unusual move also asked that media outlets in receipt of leaked files contact it before publishing — is believed to be linked to concern some leaks are taking place to frame coverage before witnesses appear.

This issue is prominent as the inquiry has now entered a key stage where senior politicians attend the ostensibly non-political investigation as witnesses. However, the letter made no mention of this, and simply reminded journalists of potential criminal penalties.

Under section 41 of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013, anyone who leaks files could be fined €500,000 and jailed for five years. Similarly, under section 37, anyone who publishes these leaks is now also guilty of the offence.

The clear warning comes as former taoiseach Brian Cowen prepares for his second inquiry appearance today. While last Thursday’s hotly anticipated evidence focused on his time as finance minister from 2004 to 2008, today’s meeting will be targeted at the September 2008 bank guarantee and the November 2010 bailout.

Among the issues expected to be raised are why Mr Cowen over-ruled then finance minister Brian Lenihan to include Anglo Irish in the bank guarantee; did the guarantee mean a bailout would inevitably happen; and did the ECB push Ireland into the bailout.