The Moriarty tribunal is effectively an inquiry into the personal lifestyle of former Taoiseach, Mr Charles Haughey, while he was in office, the Supreme Court was told yesterday.
Mr Haughey received monies in a purely personal capacity which had nothing to do with politics or his having been a holder of ministerial office, Mr Eoin McGonigal SC, for Mr Haughey and members of his family, said.
There was no evidence or allegation of a possible improper motive or corruption and it should be acknowledged the inquiry was in to the personal lifestyle of Mr Haughey while in office. He said Mr Justice Moriarty, who is inquiring into the financial affairs of Mr Haughey and former Fine Gael minister, Mr Michael Lowry, was being asked to make recommendations in areas in which he was not necessarily experienced.
Yesterday was the third day of an appeal by Mr Haughey, his wife, Maureen, daughter, Ms Eim ear Mulhern, and sisters, Ms Ethna and Ms Maureen Haughey, against the High Court's refusal to restrain the Moriarty tribunal from investigating their financial affairs.
Mr McGonigal said Mr Justice Moriarty was expected to make recommendations in respect of electoral, company, tax and banking laws and the regulation of professional bodies. The appointment of a sitting High Court judge to chair a tribunal was unconstitutional as it breached the provisions which guaranteed the separation of powers.
A sitting judge as a tribunal chairman was open to criticism of partiality and bias, assumed an unacceptably politicised function and role and undermined the judicial system as an organ of state.
Mr Frank Clarke SC, for the State, said there were three questions to be answered by the Supreme Court - could there be a tribunal at all; if so, could there be a tribunal such as the Moriarty tribunal and was that tribunal being operated correctly? His clients argued there was an inherent statutory power to create a tribunal and any power required by parliament or the Government to carry out their functions was properly implied from the Constitution.
The appeal resumes on Tuesday.