Mahon 'must be discretionary on costs'

THE MAHON tribunal must take account of delays, obstruction and lack of co-operation when it is awarding legal costs, the Dáil has heard.

Chairman of the Fine Gael parliamentary party Charlie Flanagan said the tribunal investigating corruption in the planning process in Dublin County Council “must be discretionary on costs”.

The Laois-Offaly TD said such discretion “must be based on the matter of delay, the matter of obstruction and the matter of failure to co-operate over a period of 15 years”. That “must come into play in the matter of the awarding of third party and other costs”.

During the ongoing debate on the Mahon tribunal report, Mr Flanagan warned that the Government “must now show an unstinting appetite for reform”. He called for an independent commission against corruption to be set up.

He suggested it could also be chaired by tribunal chairman Judge Alan Mahon or another “more qualified independent chairman who would act as watchdog against corrupt practices”. It would have an investigation unit working with agencies including the Criminal Assets Bureau; a legal unit linked to the parliamentary oversight committee; an education and research unit and a corporate and commercial services unit linked to the office of corporate enforcement.

Minister for Justice Alan Shatter said it was “frankly treasonous to use public office for corrupt gain”.

“No one who has been involved in corrupt practices should think that the publication of the tribunal’s report is an end to the matter”.

Mr Shatter said he was determined to do all he could to ensure laws were in place which defended the public and public representatives from corrupt practices. The tribunal report recommended amending the Public Bodies Corrupt Practices Act of 1889 to cover Oireachtas members. “I propose to repeal all seven Acts making up the Prevention of Corruption Acts 1889 to 2010 and replace them with a single Act which will apply to all persons” including TDs and Senators.

The Government should also “seriously consider the exclusion from public office of those who accept bribes” as recommended by the tribunal.

Robert Troy (FF, Longford-Westmeath) was just six years old when the Flood tribunal was established 15 years ago. “As a member of Fianna Fáil I am deeply ashamed and embarrassed about the level of my party’s involvement,” he said.