Corruption investigations funded by a charitable foundation? Not as good an idea as it sounds, say politicians. Martin Wall reports
When Ray Burke stepped into a prison van last month to begin his six-month jail sentence for tax offences, many in the media viewed the event as a vindication of investigative journalism.
The media had been lambasted for their "hounding" of Burke. However, without newspapers taking risks with the laws of libel to run allegations of corruption, there would have been no Flood tribunal. And without the tribunal findings there would have been no investigation by the Criminal Assets Bureau and ultimately no jail sentence for Ray Burke.
But investigative journalism faces many difficulties. It is time-consuming and expensive, and few organisations can afford to assign staff for months at a time to look into matters that may or may not produce a result.
However, if a charity with millions to spend offered to underwrite investigations into matters of public importance under the guidance of a respected board of independent directors, surely everyone would welcome such a development in this new era of transparency? Well, no actually.
Within hours of the announcement on Tuesday that The Atlantic Philanthropies, the charitable foundation set up by the billionaire Irish-American businessman, Charles "Chuck" Feeney, was to finance the establishment of a new Centre for Public Inquiry, criticism of the venture began.
The Irish Times understands that Feeney's charity is to provide around €800,000 a year over a five-year period to the new organisation, which will have a brief to examine matters of importance in Irish public, political and corporate life.
The investigative journalist, Frank Connolly, is to run the new centre. He was until recently chief reporter with Ireland on Sunday and has known Feeney for years. One of a large family raised in south Co Dublin, he is a brother of Niall Connolly, one of the so-called Colombia Three.
In a masterstroke, the new centre has secured the services of the former sole member of the planning tribunal, Mr Justice Feargus Flood, to chair its board. Other directors include Dr Enda McDonagh, the former professor of moral theology at NUI Maynooth, solicitor Greg O'Neill and broadcaster Damien Kiberd. The centre yesterday advertised for journalists/researchers.
The most vocal criticism of the new organisation came from the Progressive Democrats. Senator John Minihan questioned the need for a privately funded investigative centre that would parallel the work of State institutions and agencies.
Meanwhile, the leader of the Seanad, Fianna Fáil's Mary O'Rourke, said she was very wary of the proposed new body and concerned about the "staffing arrangement". Other leading politicians were also reported to have expressed reservations in private.
AT THE HEART of these responses are worries about a wealthy American providing enormous resources for a body that will have no public accountability, that will carry out investigations into people as it chooses and in a manner that it alone sees fit.
In essence, critics of the centre believe that it could become a private-sector tribunal - a privatisation too far, as one senior PD politician is believed to have called it at the parliamentary party meeting this week. However, it will have no statutory powers.
It would appear that some in the political establishment are also wary of Connolly. The journalist who first wrote of the corruption allegations against Burke was strongly attacked, but later totally vindicated, for his reports. His reports on Garda corruption in Co Donegal contributed to the establishment of the Morris tribunal. However, he also ran the ultimately baseless allegations made by a Cork businessman, Denis "Starry" O'Brien, about the Taoiseach.
Minihan says: "At present, only the courts and/or a tribunal established by law can make findings of fact or of wrongdoing by a person. It does so with the protection of a range of safeguards for the person against whom accusations are made. What protections will there be for an accused person under this privately established, funded and self-appointed body?" The senator suggests that, in the absence of any legal privilege, the reports of such a private body would have to rely on innuendo.
Minihan adds that there is already a multitude of agencies which can deal with allegations of abuses or wrongdoing in relation to public or corporate governance, and he questions the motivation behind the establishment of the new investigative centre.
However, Connolly and The Atlantic Philanthropies point out that Ireland is one of the few countries without such an independent watchdog to examine public life. The new organisation will model itself closely on the Centre for Public Integrity in Washington DC, which has carried out many investigations into matters of public interest in the US, including an in-depth analysis of those who gave money to George Bush's election campaign. Among the issues the centre may examine are political funding, deaths in custody or State care, and the fairness of public administration. It plans to publish its reports.
Connolly says he sees the new body working with, rather than in competition with, existing State agencies.
"We will examine something, report on our findings and then pass them on to the relevant bodies," he says. He rejects any idea that the centre will "target" individuals for investigation.
Mr Justice Flood says the new organisation will simply help people who might otherwise not be able to find justice in relation to some issue involving the political or administrative or business world.
"We will have no powers to grant them justice, but we can listen to them and, if necessary, point them in the direction and facilitate them in dealing with those who can," he says.
Flood adds that he is a retired High Court judge, that he is receiving no payment for his involvement in the organisation, and that he will walk away if anyone in the organisation wants it to act in an inappropriate way. The Atlantic Philanthropies says the money for the new venture is not coming from abroad but has been generated from the sale of properties in Ireland.