Opposition party leaders have said they cannot remember being told about the £500,000 Cement Roadstone Holdings (CRH) shareholding owned by the chairman of the Moriarty tribunal at the time of his appointment in 1997.
They said they were certain they were not told Mr Justice Moriarty was precluded, because of his CRH shareholding, from inquiring into the sale by the State of Glen Ding wood to CRH in 1991.
On Wednesday Mr Justice Moriarty said that before his appointment he asked the Attorney General, Mr David Byrne, to inform the leaders of the political parties, including the Taoiseach, about his CRH shareholding.
"The Attorney General subsequently informed me that he had spoken to the party leaders and disclosed to them my shareholding in CRH and my apprehension that in certain circumstances this could give rise to a perceived conflict of interest which would preclude my inquiring into certain matters.
"I was informed by the Attorney General that the party leaders acknowledged that my appointment on those terms would not cause them to have any concern," Mr Justice Moriarty said. He accepted the appointment on that basis.
However, the spokesmen for Mr John Bruton, Mr Dick Spring, the then leader of the Labour Party, and Mr Proinsias de Rossa, the then leader of Democratic Left, confirmed that the politicians had no recollection of Mr Justice Moriarty's shareholding being pointed out to them. They were sure the limitations the shareholding would impose on the tribunal were not mentioned.
The spokesmen said the politicians would remember if any such situation had been pointed out to them.
A Government spokeswoman said the Attorney General told Mr Bruton, Mr Spring and Mr De Rossa that Mr Justice Moriarty had shares in CRH. She said the size of the shareholding was not stated as the Attorney General did not know how many shares Mr Justice Moriarty owned. She said the Attorney General could not say for certain if the possibility of a conflict of interest was discussed, "but why else would he be telling them about the shareholding?"
The spokeswoman said Mr Byrne had also informed the Taoiseach. Mr Ahern could not be contacted last night because he was engaged in the Stormont talks. The Tanaiste, Ms Harney, was also not available.
A week before the appointment of Mr Justice Moriarty, the Government told the Dail that the tribunal would be able to investigate the sale of Glen Ding woods.
During the Dail debate on the tribunal's terms of reference, Mr Spring submitted an amendment which would have included mention of the sale of Glen Ding woods as an issue which was "a cause of disquiet".
During the same debate an amendment from the Socialist TD, Mr Joe Higgins, would have obliged the tribunal to investigate the sale of the woods. This amendment was supported by Fine Gael, Labour, Democratic Left and the Green Party, but was defeated.
The Minister for Finance, Mr McCreevy, rejecting the proposed amendment, said the tribunal did not need it and had adequate powers to inquire into the sale of the woods if it found reason to believe it should do so.
Glen Ding woods were sold without other parties which might possibly have been interested being informed. At the time, Mr Charles Haughey was Taoiseach and the late Mr Des Traynor, who operated the Ansbacher deposits, was chairman of CRH.
The Comptroller and Auditor General and the Dail Committee of Public Accounts have criticised the fact that parties other than CRH were not given an opportunity to bid for the woods, but found no evidence of any political interference.
