Enda Kenny under pressure to act on IBRC probe

The Government will today come under pressure to get the Department of Finance to waive its rights and concerns over banking documents so the IBRC inquiry can continue its work.

Taoiseach Enda Kenny has said he wants to consider opposition leaders’ opinions on how to overcome legal obstacles about the commission of investigation continuing its work.

Inquiry chairman Judge Brian Cregan has met government officials, including from the attorney general’s office, after reporting that the probe could take several years more and cost significant amounts.

Mr Kenny said yesterday that he would take opposition views on the judge’s concerns to Cabinet next week for discussion. Opposition leaders want an investigation into IBRC’s sale of Siteserv to Denis O’Brien prioritised, out of the total 38 deals considered within the remit of the probe. Tánaiste Joan Burton has agreed with this, while Mr Kenny has yet to make up his mind on the matter.

Denis O’Brien

Fianna Fáil leader Micheál Martin is expected to write to Mr Kenny today with his thoughts about rescuing the botched inquiry.

Mr Martin wants the Department of Finance to waive its claim to legal privilege and confidentiality, so documents can be fully accessed and used by Judge Cregan.

No new legislation would be needed for this to happen, Fianna Fáil sources said last night. “There’s no legislative changed needed for a branch of government to co-operate.”

Judge Cregan has suggested that fresh legislation is needed to boost his powers, which could also be rubberstamped by a test case brought before the High Court.

But Fianna Fáil stressed that no new legislation is needed, or delay, before the Department of Finance can commit to allowing the judge use all material necessary, especially as the investigation is looking at losses incurred by the taxpayer.

Judge Cregan has suggested that 12 of the 38 investigations could be completed with an 18-month period. Fianna Fáil are expected to say that this could be done by the autumn of next year. They are also supportive of Judge Cregan’s calls for at least one extra judge to be added to the inquiry, as are Sinn Féin.

While Mr Kenny received a letter on November 6 from Judge Cregan about his legal concerns with proceeding into the IBRC investigation, the government have yet to decide how to proceed.

Sinn Féin are expected to call for new legislation to be agreed before Christmas, so the inquiry can continue. TDs are concerned that the inquiry will not report back before the general election. Sinn Féin also want the legal advice published that was given to the Cabinet by Attorney General Máire Whelan on setting up the inquiry.