The Government has refused to hand over voluntarily Cabinet documents relating to the setting up of the Moriarty tribunal to a former Taoiseach, Mr Charles Haughey.
This decision has prompted Mr Haughey's lawyers to move a motion of discovery in the High Court on its next sitting day, January 12th, seeking to compel the Government to supply such confidential documents.
The move is part of Mr Haughey's constitutional challenge to the right of the tribunal to investigate his financial affairs. It will also be the first legal test of the confidentiality of Cabinet discussions and documents since the rule was relaxed in the October referendum.
Mr Haughey's legal team sent a letter to the Attorney General's Office last Monday seeking discovery of the documentation supplied to the Cabinet meeting which set up the tribunal last September. It also sought copies of the Attorney General's advice about the establishment of the inquiry and any correspondence between the tribunal and any member of the Government relating to its terms of reference.
The former Taoiseach was also seeking information about any Cabinet discussions which took place about the other holders of Ansbacher accounts. There are reported to be at least 15 other holders of Ansbacher deposits.
Given the Government's decision not to supply such information voluntarily, it has been confirmed that Mr Haughey will bring a motion on the first day of the resumption of the High Court in an effort to compel the State to hand over such papers.
Sources confirmed yesterday this action will have to be sorted out before Mr Haughey proceeds with his substantive case challenging the right of the Moriarty tribunal to investigate further his financial affairs and those of members of his family.
The basic case being taken by Mr Haughey and named members of his family, is that the Moriarty tribunal discriminates against him over other Ansbacher depositors and other TDs. He; his wife, Maureen; his daughter, Eimear; and sisters, Ethna and Maureen; issued proceedings on December 18th claiming the Tribunals of Inquiry (Evidence) Act, 1921, as amended, under which the Moriarty tribunal was established, is in breach of several provisions of the Constitution.
The October amendment provided for relaxation of the absolute rule on Cabinet confidentiality where the High Court decided it could be in the interests of a tribunal.
