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Dáil
‹ Order of Business

IBRC investigation and Cregan commission

Summary

Micheál Martin sought legislation and stronger arrangements for investigating IBRC transactions. The Taoiseach committed to circulating heads of a Bill in January, considering revised terms of reference, and providing additional resources; Gerry Adams welcomed the commitment but questioned the Government’s seriousness.

Yesterday the Taoiseach met the leaders of the political parties in the House and promised to produce the heads of a Bill before the resumption of the Dáil in January to deal with the IBRC issue and the investigation by Mr. Justice Cregan into Siteserv and other large transactions involving IBRC. What emerged yesterday was the degree to which the Government had dragged its feet on the issue from the very beginning dating back to parliamentary questions not being replied to properly and responses to freedom of information requests which revealed an awful lot more than had been revealed in replies to parliamentary questions and so forth. The legislation in which we are specifically interested - we offered to facilitate, with the Government, the passage of the legislation prior to the dissolution of the Dáil before the general election - is, first, to amend the Commissions of Investigation Act, in accordance with the request made by Mr. Justice Cregan, particularly to give him additional powers equivalent to those of a High Court judge. Will the Taoiseach indicate when that legislation will be brought before the Dáil?

I also ask about legislation to enable the Minister for Finance to instruct the special liquidator to waive his rights over documentation. That is legislation we would support. Will the Taoiseach indicate if we will see it in January?

I also ask about legislation that was indicated at the meeting last night when the Taoiseach promised we could amend the Companies Act to enable activities at the Irish Stock Exchange to be inquired into without restriction by Mr. Justice Cregan in his inquiry. In essence, other inquiries managed to access bank accounts all over the world. It is not acceptable that we cannot initiate an inquiry within this jurisdiction to get behind activities within a State-owned bank run by the taxpayer on the Irish Stock Exchange and into the activities of the Department of Finance. We need to increase the powers and capacity of the Minister for Finance to instruct the special liquidator to waive any alleged right in regard to documentation pertaining to a State bank to facilitate such an inquiry. Can we see that legislation and will the Taoiseach commit to producing it on the resumption of the Dáil on 13 January?

Comment on this
Enda Kenny The Taoiseach Fine Gael

I confirm I met the leaders of the Opposition parties and groups yesterday. The Government has no difficulty in amending the terms of reference to have a modular system with a more targeted focus or in providing resources or personnel for the Cregan commission. The amount of €300,000 was spent up to the end of November and €3 million will be provided in 2016. I have committed to bringing and circulating the heads of a Bill that we discussed last night to the leaders of Opposition parties and groups early in January, taking into account the issues raised and discussed last night. On amending legislation in regard to the Irish Stock Exchange, it may not be able to deal with the particular issue because it might be nominated accounts held in the names of companies. These are matters that will be reflected in the heads of the Bill which I will circulate early in January.

Comment on this

I welcome the Taoiseach's commitment. He gave it last night, but I want to welcome it in the Chamber that he will bring forward the heads of the Bill. However, as I told him last night, I do not have any confidence that the Government is serious about having a proper commission of investigation into transactions at IBRC. The proof of this is that the Government voted against the amendments we tabled at the time that would have strengthened the terms of reference. It also ignored other propositions that we had put to it. We look forward to the new terms of reference.

I refer to the diplomatic relations and immunities (amendment) Bill which would give effect to the Vienna Convention which specifies the privileges of a diplomatic mission and allows diplomats to perform their functions. The reason I raise this issue is the Dáil unanimously passed a motion calling for formal recognition of the Palestinian state and the Government to upgrade the Palestinian mission to that of a full embassy. The Government has not done this and I have raised the issue continuously and consistently. The Government has decided not to do it. It would be a positive contribution, acting on the wishes of the Oireachtas. When will the Government take the steps necessary to award the Palestinian mission full embassy status and to recognise the Palestinian state?

Comment on this
Enda Kenny The Taoiseach Fine Gael

I thank the Deputy for his question. The Bill is due to be published next year.

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