A FINE Gael TD made representations to a Government Department in support of his brother's application to become master of a sub-post office, the tribunal heard.
Mr Paul McGrath confirmed to counsel for Mr Michael Lowry that he had made the representations concerning a sub-post office vacancy in Athlone since the general election, and before the change of government.
Mr Lowry's counsel, Mr Donal O'Donnell SC, had put it to Mr McGrath that he had said he "abhorred" Mr Lowry's approach on the proposed Dunnes Stores development in Mullingar.
Mr O'Donnell: "And you thought that it was improper, is that right?"
Mr McGrath: "No. What I said was that for somebody to think that I or indeed any other member of Fine Gael would change a stand that they took on any particular issue simply because it would facilitate a subscriber to the party, I would think that would be dreadful."
Mr O'Donnell said Mr Lowry's evidence would be that he did not ask Mr McGrath to change his stand to benefit Mr Ben Dunne. But the issue here was that Mr McGrath had said he considered it improper of Mr Lowry to approach him in this respect.
Mr McGrath said yes, he thought it would be improper. TDs got representations on many issues but he had never before had representations from someone saying that "because X is a contributor to the party you should do this".
Mr O'Donnell: "As a matter of principle, you consider that wrong?"
Mr McGrath: "That's correct.
Counsel then asked if the witness would consider it to be improper or inappropriate for a person to receive a benefit from a political party in government on the basis that they were a contributor to that party's funds.
Asked by Mr McGrath what he meant by that, Mr O'Donnell said for somebody to receive, for example, the benefit of a contract.
Mr McGrath: "If somebody was to get a contract simply because they made a contribution to a political party, yes, that would be very wrong.
Questioned further, the witness said if there were several people in for a job and it so happened that the best person was a contributor or subscriber, "then so be it".
Mr O'Donnell: "That's not something you should be taking into account at all?"
Mr McGrath: "Agreed."
Mr O'Donnell: "Nor should it be taken into account whether someone is a close personal associate of a politician or a minister?"
Mr McGrath: "Correct."
Mr O'Donnell then asked if Mr McGrath believed it was appropriate for an outgoing government, which had lost an election, to seek to appoint persons to places because they were party supporters or close personal associates. When the chairman intervened to ask of what relevance this was to the tribunal, Mr O'Donnell said he wished to know where Mr McGrath drew the line between propriety and impropriety.
The chairman said it was a very big step from that to appointing people to health boards. Counsel then put it to the witness that recently he had made representations on behalf of people to have them appointed before the last government left office.
Mr McGrath replied: "No."
Counsel asked had he not made representations about a position at a sub- post office in Athlone. Mr McGrath said he had.
Mr O'Donnell: "You made representations to the Department of Transport and Communications?"
Mr McGrath: "Quite some time ago, yes."
Mr O'Donnell: "You also made them recently, since the election before the change of government, isn't that right?"
Mr McGrath: "Yes, that's correct."
Asked to tell the tribunal on whose behalf he had made those representations, the witness said: "My brother applied for a position of sub-postmaster in Athlone along with other people."
Mr O'Donnell: "And the representations you made were on behalf of your brother?"
Mr McGrath: "I asked when the decision was going to be made and I asked the appropriate Department to consider the possibility that he might be suitable for it, yes.
He denied a suggestion by counsel that he had sought to insist that his brother get the position.
Asked again to confirm he had made the representations after the election and before the change of Government, Mr McGrath said the matter had been "ongoing".
Mr O'Donnell: "And I presume you would consider that to be proper politics?"
Mr McGrath: "I think it is, yes."
Mr O'Donnell: "And it's by that standard that you seek to criticise Mr Lowry?"
Mr McGrath: "No, it's a different thing."