Those guilty of making corrupt payments to the former assistant Dublin city and county manager, George Redmond, and who hindered and obstructed the work of the Flood tribunal should be sent to jail. No other response would be appropriate.
Citizens have learned from two reports published by Mr Justice Feargus Flood that the planning system in Dublin was rotten and that a politician, a public official and a variety of property developers enriched themselves through corrupt practices. Redmond has been sent to prison. And former government minister, Mr Ray Burke, is awaiting trial. But no charges have, as yet, been brought against those individuals who stood to gain most from such transactions.
This latest report, completed in September, 2002, was withheld pending the outcome of Redmond's trial. It found the senior public official had received corrupt payments from property developers, Mr Joseph Murphy Jnr and Mr Michael Bailey and that all three men, along with Mr Frank Reynolds, had hindered and obstructed the work of the tribunal.
Sixteen months ago, an interim report by the Flood tribunal found Mr Burke had received about £200,000 in corrupt payments from builders and businessmen. The document was referred to the Director of Public Prosecutions. And investigations by the Criminal Assets Bureau on foot of that report, involving the Revenue and the Garda Síochána, have since led to charges being laid against the former minister. But there has been a deafening silence in relation to those extremely wealthy individuals found to have made "corrupt payments".
International business surveys have charted a fall in Ireland's rating for honesty in recent years. The work of the various tribunals has coloured that perception. And our ability to attract a broad spread of international investment has been damaged as a consequence. If, arising from these reports, criminal prosecutions are confined to those who accepted bribes, while the instigators and the main beneficiaries go free, serious damage will be done to public confidence in our justice system.
Obvious difficulties exist in relation to witnesses and establishing the required levels of proof in criminal corruption cases. But transcripts should provide evidence that witnesses set out to deliberately mislead Mr Justice Flood and to hinder and obstruct his investigations. Attempts to prosecute former Taoiseach, Mr Charles Haughey, for lying to the McCracken tribunal and hindering its work failed some years ago because of excessive and unfavourable publicity. But that was an exceptional case. And the trial was postponed. The prosecution of individuals linked to the activities of Mr Burke and Redmond should not encounter those difficulties.
The Minister for Justice, Mr McDowell, spoke recently of his intention to modernise the perjury laws. Such a development is long overdue. In the meantime, however, the Director of Public Prosecutions should take action to defend the authority and effectiveness of tribunals.