White-collar crime - Soft-touch approach has failed

JUSTICE Minister Alan Shatter could not have chosen a better week to announce that our legislation designed to prosecute white-collar crime will be strengthened.

The publication of the Moriarty Tribunal’s report, 14 long years in the making, has brought our very poor record on prosecuting white-collar crime into sharp focus once again.

Those indicted by the Moriarty report have launched a spectacular counter offensive made possible only by the peculiarity of our tribunals’ standing and processes.

They — Denis O’Brien, Michael Lowry and Ben Dunne — have vigorously rejected findings reached by the Tribunal and protested their innocence from the rooftops.

In the days after the publication very serious allegations about the integrity of Tribunal chairman Mr Justice Michael Moriarty were made and it is inconceivable that these charges go unanswered. Our justice system cannot afford to have those accusations left hanging in the air.

None of this would have been possible if the issues involved were, years and years ago, ruled on by the courts rather than a tribunal.

The conclusions would be final and absolute and there would be no wriggle room for anyone. Those accused would be either found guilty or declared innocent. The reputation of Ireland Inc would be strengthened rather than bruised one more time. As it stands we are asked to act as a half-informed jury on questions surrounding the largest commercial contract ever awarded by the state. This is unsatisfactory for everyone involved. The idea that Ireland is a wild west place to do business, or get the protection of the law is, rightly or wrongly, sustained.

This unsatisfactory situation follows a long tradition of great inquiry and expense that generates far more heat than light.

Though it’s 20 years since the Beef Tribunal reported it still rankles that the only person prosecuted on foot of its incredible findings was the journalist Susan O’Keeffe whose investigations led to its establishment.

The idea that we’re far less assertive about white-collar crime than is healthy is encouraged too by the snail’s pace progress being made in investigations into our banking collapse. It is incredible that two-and-a-half years after that great reality check no one has been before the courts on anything to do with the behaviour that led to it. In a society where so many institutions have squandered their power and integrity we cannot afford to have our justice system in this position.

Ireland is facing into a period of great change and austerity. Many of the hard decisions facing us will require a society unified by the belief that we are all equal before the law. That is not the case today and our softly, softly approach to prosecuting white-collar crime threatens the unity of purpose needed to rebuild this country.

We must have laws that make it possible, finally, to say that there are no immune golden circles in this country. This is a litmus-test issue for our Government. Let us hope they recognise the great need and hunger for new legislation and respond accordingly.