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Dáil
‹ Leaders' Questions

Whistleblower tax evasion allegations

Summary

Deputy Mary Lou McDonald questions whether the Taoiseach believes allegations of tax evasion and political obstruction made by whistleblower Gerry Ryan, following the delayed transmission of his statement to the Garda fraud bureau. The Taoiseach rejects claims that Minister Bruton obstructed the process, says he has not reviewed the dossier, and insists the Protected Disclosures Act requires investigation; ensuing interruptions concern whistleblowers and past republican conduct.

This afternoon the Committee of Public Accounts will meet to decide on how best to proceed in regard to the allegations of tax evasion contained within the whistleblower file. I note that the Minister, Deputy Richard Bruton, has now forwarded a copy of Mr. Gerry Ryan's detailed witness statement to the Garda Bureau of Fraud Investigation after a delay of almost two years. I understand also that the Minister stated he will meet the whistleblower, even though he had been unwilling to do so previously despite repeated requests by Mr. Ryan since 2011.

I am sure the Taoiseach will agree that the allegations contained within this file are of a most serious nature and I understand that the Minister briefed him on these matters on Saturday last. I ask the Taoiseach whether he believes Mr. Gerry Ryan when he states that there was a pattern of political obstruction which impeded his investigation into these matters. Does he believe Mr. Ryan when he states that his investigation was shut down by the former Tánaiste, Ms Mary Harney, when he uncovered that named senior politicians from the Progressive Democrats-----

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A Deputy

Is that not Deputy McDonald's job?

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-----Fianna Fáil and Fine Gael held offshore accounts, revelations that, undoubtedly, would have been most uncomfortable for the political establishment?

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They themselves had a few funny accounts.

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Does the Taoiseach believe Mr. Ryan when he states that the Minister, Deputy Richard Bruton, was part of this pattern of political obstruction, in fact, up until yesterday when he finally released this witness statement?

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Deputy McDonald is supposed to be finding out.

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Deputy McDonald should look over her shoulder at who is watching.

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Enda Kenny The Taoiseach Fine Gael

This is the first opportunity for anybody to bring forward such documentation under the Protected Disclosures Act 2014. It is because of the reform introduced by the Government that such should be so. As I stated yesterday in answer to questions, this is a case of where the whistleblower involved here must be protected. Indeed, it is very different from the treatment given to whistleblowers from the organisation that Deputy McDonald represents.

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Deputies

Hear, hear.

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Enda Kenny The Taoiseach Fine Gael

In any event, I understand that Deputy McDonald is still a member of the Committee of Public Accounts and she stands up here and prejudges the outcome of the witness statement and the documentation provided by the person involved here.

Deputy McDonald will be aware that this dates back a long time. On the allegations being made by the whistleblower under the Protected Disclosures Act 2014, the witness statement has been sent from the Department and the Minister to the Garda Bureau of Fraud Investigation, which requested the witness statement in the first instance. She will also be aware that the Committees of Public Accounts, under the Chairman, Deputy John McGuinness, has sought legal advice on the documentation that has been received. I will not preclude what that legal advice might be or what the Committee of Public Accounts may do following receipt of that advice. However, I want to say that this is a welcome trend. Under the Protected Disclosures Act 2014, the whistleblower must be protected here and the issue of tax evasion in respect of the vast quantity of documentation provided must be, if necessary, followed through by the Committee of Public Accounts.

Deputy McDonald will be aware that all of the documentation involved was sent to the five agencies - the Director of Corporate Enforcement, Garda, Revenue, and the Mahon and Moriarty tribunals. If the whistleblower, in his statement, is of the view that some of the institutions of the State did not follow through in the way that they should have, that is now a matter on which the fraud squad should follow through and for the Committee of Public Accounts to do its duty as an independent committee of this House.

Deputy McDonald stands up and has already prejudged the outcome of this matter in the same way as she is prepared to state that her party never had any cover up of anything that will be discussed later on today because of another whistleblower with an issue that was of very serious and personal importance to her.

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I have prejudged nothing and I have been careful not to prejudge anything.

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Deputy McDonald is asking the Taoiseach to do so.

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As regards the allegations-----

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Deputy McDonald is asking the Taoiseach to do so.

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-----that are very serious in respect of alleged tax evasion by named individuals who are household names from Fianna Fáil, Fine Gael and the Progressive Democrats, it is not for me to prejudge. Those are merely allegations.

I asked the Taoiseach a different set of questions that I believe he should answer and that he is in a position to answer. He does not need legal advice and he does not need the Committee of Public Accounts to guide him on these matters. The Minister has briefed the Taoiseach on the dossier.

What I want is for the Taoiseach to tell this House whether he believes Mr. Ryan, the brave whistleblower, as the Taoiseach has acknowledged, when he says his investigation was subject to sustained political obstruction. That is what the man claims. Does the Taoiseach believe him when he says that the former Tánaiste, Mary Harney, shut down his investigation when information emerged around these public figures? Finally, does the Taoiseach accept, as Mr. Ryan believes, that the Minister, Deputy Richard Bruton, was part and parcel of that pattern of political obstruction? They are the questions for the Taoiseach.

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Seán Barrett An Ceann Comhairle Fine Gael

Deputy McDonald is over time.

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They are straightforward and the Taoiseach should be in a position to answer them in this House today.

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Enda Kenny The Taoiseach Fine Gael

No, I do not believe the Minister, Deputy Bruton, was part of a pattern of political obstruction. The evidence, clearly, is that the Minister requested that the work would proceed on the completion of the witness statement in respect of the matters in hand. The Minister made his own statement on the matter. The witness statement has been cleared and sent to the entity that requested it-----

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Two years later.

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Enda Kenny The Taoiseach Fine Gael

-----namely, the Garda Bureau of Fraud Investigation. Deputy McDonald has asked me questions. She said she does not want to prejudge the matter herself but she is asking me to prejudge it.

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No, I did not ask that.

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Enda Kenny The Taoiseach Fine Gael

Deputy McDonald has asked me in the House if I believe the whistleblower's statements and allegations. She asked me to prejudge the outcome. Deputy McDonald's point is whether I believe the whistleblower.

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Does the Taoiseach believe him?

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Enda Kenny The Taoiseach Fine Gael

Let me confirm to her that when I spoke to the Minister, Deputy Bruton, he briefed me on the reasons for the delay in the sending of the witness statement to the Garda Bureau of Fraud Investigation. As I am not a member of the Committee of Public Accounts I have not read the detailed dossier, nor have I been briefed on its contents. Deputy McDonald is aware that the fraud squad investigation will follow through on the witness statement, in respect of which all the documentation has already been sent some time ago to the various entities over the years. The Committee of Public Accounts has been given the documentation and the dossier and it has sought legal advice on it. The PAC is one committee of the House that has always acted independently.

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So the Taoiseach does not believe the whistleblower was politically obstructed. Is that the Taoiseach's answer?

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Enda Kenny The Taoiseach Fine Gael

Deputy McDonald asked me whether I believe the whistleblower's statement.

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Does Deputy McDonald believe Maíria Cahill?

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Enda Kenny The Taoiseach Fine Gael

I want the Committee of Public Accounts, in its responsibility, to assess and analyse the legal advice it receives and to follow through on that.

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It is the Taoiseach's responsibility not that of the Committee of Public Accounts.

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Enda Kenny The Taoiseach Fine Gael

If further investigation is warranted of any of the decisions taken, or not taken, by the agencies of State then so be it and the Committee of Public Accounts will have a responsibility in that regard. We cannot stand over a situation where a whistleblower under the protection of legislation comes forward with allegations or statements and they are not followed through or investigated.

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So the Taoiseach does not believe he was obstructed.

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Enda Kenny The Taoiseach Fine Gael

That is the purpose of the legislation. It is a radical departure where the whistleblower in this case must be protected.

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He strenuously disagrees with that.

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Enda Kenny The Taoiseach Fine Gael

It is a very far cry from the way Deputy McDonald's people looked after whistleblowers over the past 35 years.

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Deputies

Hear, hear.

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Seán Barrett An Ceann Comhairle Fine Gael

I call Deputy Joan Collins.

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The republican movement operated its own law and its own kangaroo court.

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That is not very nice.

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Eric J. Byrne Deputy Eric Byrne Labour Party

It was not very nice what republicans meted out to people.

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You would know all about it.

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Eric J. Byrne Deputy Eric Byrne Labour Party

Sinn Féin knows all about it. They are digging up the bodies at the moment.

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Seán Barrett An Ceann Comhairle Fine Gael

Will Members please stay quiet? I call Deputy Collins.

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Is that official?

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Good man, Dessie.

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Deputy Ellis would know all about that.

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Seán Barrett An Ceann Comhairle Fine Gael

If Members wish to have a conversation they can go outside the Chamber. I call Deputy Joan Collins.

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It was a kangaroo court.

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