Flood findings prompt debate call

The Government tonight faced calls for a parliamentary debate after a tribunal found a former minister received a number of corrupt payments.

The inquiry, chaired by Mr Justice Fergus Flood, found that former Fianna Fail minister Ray Burke received corrupt payments totalling almost £200,000 in the 1970s and 1980s.

Mr Burke, who resigned from the cabinet in October 1997, has always maintained that the donations he received during his career were legitimate political contributions.

However, the interim report of the Tribunal of Inquiry into Certain Planning Matters and Payments found that Mr Burke received numerous corrupt payments from builders, developers and other businessmen.

During a parliamentary career spanning more than 20 years, Mr Burke served as minister for the environment, energy, communications, commerce and industry, justice and foreign affairs.

However, the damning report found that some of his ministerial decisions served the interests of his sponsors rather than the public good.

Opposition parties tonight called into question the judgement of Bertie Ahern after he appointed Mr Burke as minister for foreign affairs in 1997.

Fine Gael leader Enda Kenny said the report was a “searing indictment of the character and behaviour” of Mr Burke.

“I believe that when the Dail returns, we need a full Dail debate and a full explanation from the Taoiseach as to the reasons for his judgement and motivation in appointing Ray Burke to that position in the first instance,” he said.

Labour Party leader Ruairi Quinn said Mr Ahern only agreed to order a tribunal “under duress“.

“The Taoiseach has to be asked why did you bring back someone from the political wilderness in opposition as your frontbench spokesperson on foreign affairs and subsequently appoint him to the cabinet when there were substantial allegations against him by your own party members,” he added.

However, Mr Ahern welcomed the report and said the government would be pushing ahead with plans to create a Corruption Assets Bureau, which would have the power to seize illegal gains from corruption.

When asked if he regretted appointing Mr Burke as a Government minister, Mr Ahern said he had a very short period of time to check any allegations before he made the decision.

“I did not of course have the power of disclosures and the power of getting documents and papers and getting sworn statements,” he said.

However, after looking at Mr Justice Flood’s report, he admitted: “I think it would be very obvious that nobody would, but let’s not put the benefit of hindsight into five years hard work.”

The report found that the acquisition of Mr Burke’s home at Swords in Dublin formed a corrupt payment, in that the price of the property did not represent its open market value.

It also said the property was given to him by the Oak Park Developments company to ensure that Mr Burke would act in the best interests of the company’s director, Tom Brennan, and his associates, when performing his public duties.

However, the tribunal was unable to discover what action Mr Burke performed for Tom Brennan or his associates in return for this benefit.

The report also said several other payments to Mr Burke were corrupt, including one that ensured he was available to serve the interests of Century Radio’s promoters.

In March 1989 when he was Minister for Communications, Mr Burke issued a ministerial directive obliging the national broadcaster RTE to allow Century to use its facilities.

The report found that was intended to advance the private interests of the promoters of Century and not to serve the public interest.

It also found that legislation proposed by Mr Burke which would have the effect of curbing RTE’s advertising was in response to demands from the promoters of Century and was not serving the public interest.

The first instalment of the report covered sessions of the tribunal that heard evidence about payments Mr Burke received from several businessmen.

The tribunal was established in November 1997 and has sat in public for 337 days. It has cost the taxpayer €21.5m so far.

However, Mr Justice Flood said almost €35m had been recovered as a result of his inquiry.

“In response to my request for information, the Revenue Commissioners and the Criminal Assets Bureau have informed me that to date, in excess of €34.5m has been paid to these bodies,” he said.

Mr Justice Flood also said many witnesses “obstructed or hindered” the inquiry.

Apart from Ray Burke and Tom Brennan, the report also names a number of other businessmen.

The report also said that former Government Press Secretary and currently the director of Fianna Fail’s Nice Treaty Referendum campaign, PJ Mara, failed to co-operate with the tribunal.

The interim report is to be forwarded to the Director of Public Prosecutions, who will decide which, if any, matters to take forward.

The publication of the report will clear the way for the tribunal to resume hearings in the second half of October.

It will then consider allegations of corruption in planning in Dublin in the 1990s.