Advertisement

We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.

In full: Enda Kenny's Dáil statement on the Moriarty Tribunal

Here’s the full text of Enda Kenny’s statement to the Dáil on the Moriarty Report, delivered this afternoon.

The following is the full text of Enda Kenny’s statement to the Dáil on the Moriarty Report.

I welcome the fact that the House is holding this comprehensive debate on the final report of the Moriarty Tribunal. I am sure that members will appreciate that I am somewhat constrained in what I can say because there are legal proceedings before the courts.

“A devastating critique of a powerful elite, exposing a gross abuse of privilege. A rank abuse of public office, a devastating abuse of public trust.”

That is exactly how I described the first Moriarty report when I was sitting where Deputy Martin is now.

Across Ireland, four years later, people might be thinking, “Here we go again.”

But today, as Taoiseach, I can assure them that is certainly not the case. Because the recent election did matter. Their vote did bring change. They were right to give us their trust.

Consequently, on this, the final Moriarty Report, they can expect anything but more of the same. Because I know that yet another report, reeking of fanatical greed, obsessive attachment to power, and breathtaking attempts to acquire, use and access privilege… is enough now, for the people of Ireland. In fact, it’s too much: way too much, as they watch their own lives imploding, the future they had planned disappearing.

I believe this report will weary and bewilder people more than others. In these straitened times, when people are hurting and suffering so badly what the report exposes is all the more galling, damaging and worrying.

But in a well-functioning democracy – a republic – this information, difficult as it might be, is essential.

I welcome the publication of the final report of the Moriarty Tribunal. I welcome the fact that the Tribunal does two important things: it exonerates the members of the then Government of any wrongdoing in regard to the awarding of the licence, and it asserts that the normal decision-making procedures were bypassed in that case.

The Tribunal finds seriously, and serially, against Deputy Michael Lowry and others who are major players in Irish business and public life. The Minister for Justice has already addressed the arrogance, unseemliness and danger of their public reaction.

Deputy Lowry, however, was elected here to the Dáil, the highest forum in the land, on the basis of public trust. And it is here in this forum, that I expect him to answer Mr Justice Moriarty’s findings against him, to do it forensically and willingly: not from ego, or from the ‘position’ he and others adopted from the outset of this Tribunal, or from his sense of ‘mandate’.

I cannot imagine a mandate from Irish people – or true democrats anywhere – that would involve an order or desire or permission for the behaviour outlined in the report.

I would remind the House that ever before the Tribunal, in fact, when the first issue regarding Deputy Lowry’s conduct arose, Fine Gael acted immediately to remove him first, from Government Office and then, from the party itself.

We did so in-keeping with our desire to maintain probity and standards in politics as befits the party that founded the State. Fine Gael’s response was swift and appropriate, in sharp contrast with the blind and tribal defences mounted by other parties in comparable circumstances.

In that context then, I welcome, equally, the Tribunal’s recommendations. Recommendations that, in many ways, reflect the vital reform plans of the new government. This is a serious report that merits a serious response.

Previous Tribunals elicited thousands of words, but pitiful inaction, by those who sat, then, over here. The new government breaks from that precedent and acts definitively and decisively.

We referred the Moriarty Report to the Garda Commissioner, the Director of Public Prosecution and the Revenue Commissioners, without issue, hesitation or equivocation.

Earlier today, the Cabinet considered this report and directed the relevant departments to provide a comprehensive report to the Government within four weeks on the report’s recommendations so that appropriate action can be taken. And we plan further, direct action, to sever the links between politics and business once and for all.

And in so doing, achieve three things: stop the further pollution of our society. reestablish a moral code and order to public life, and through that, restore public confidence to politics, and to government.

In that context, then, I want to deal with the Tribunal’s interaction with the Fine Gael Party. In September 1997, the party voted unanimously to set up the Moriarty Tribunal. FG assisted the Tribunal in every way possible…. to the degree that, on occasion, the Tribunal has praised its assistance and co-operation.

Moreover, to the best of my knowledge, Fine Gael was the only political entity before the Tribunal to waive its entitlement to legal privilege and made available all notes, letters, and attendance that were available to the party’s legal advisors for the purposes of obtaining a legal opinion from an eminent senior counsel. By any objective measure, these are not the actions of a party that had anything to hide.

With regard to the issue of the Telenor donation to the party, mindful of its obligations to the Tribunal, and concerned that the donation might fall within the terms of reference of the Tribunal, Fine Gael sought the opinion of a senior counsel who gave the clear opinion that this donation did not fall within the remit of the tribunal.

That legal opinion stated that the donation in question was a donation to the Party and because it was a Party donation, and of no benefit to Deputy Michael Lowry, it did not fall within the Tribunal’s remit. Fine Gael then acted on this legal opinion.

In order to clear up any doubt that might exist about the clarity of this opinion, I have instructed Fine Gael party officials to publish it on the party’s website immediately.

For its part, the Moriarty Tribunal has recognised Fine Gael’s entitlement to adhere to the strong legal opinion it received. Equally, the Tribunal expresses its regret that the party did not over-ride that opinion.

There are three points I would like to make in this regard: Firstly, I don’t just share Mr Justice Moriarty’s regret. I believe the failure to over-ride the legal opinion, was in hindsight, wrong. Secondly, the circuitous and clandestine way in which this cheque was routed to the party was also wrong. This resulted in the then party officials not being initially aware of the true source of the donation. When the source did become known, the position of the party leadership was unequivocal.

I quote, directly, from the final conclusions of the Moriarty Report. Section 62.04 states

That donation was unwelcome to the party and was rejected by the Party Leader.

Not alone did he reject it, the then-Taoiseach, John Bruton, ordered that the money be returned.

The Tribunal says:

It is satisfied that he (John Bruton) sought to convey to Mr Austin that acceptance of this donation was entirely inappropriate. This is confirmed by his subsequent direction that the donation should immediately be returned to the donor, on learning that, contrary to his wishes, the donation had in fact been received by FG.

Thereafter, when Michael Noonan became leader and the donation was, once more at issue, he in turn, ordered that all relevant documentation be made available to the Tribunal, with alacrity and seriousness. The Tribunal welcomed his actions in so doing.

Thirdly, in the context of the new, revitalised republic we are in the process of building – the government and the people working together in trust and partnership – neither action would happen today. Because I believe that to recreate political virtue, to rebuild public trust, to restore our reputation, it is no longer sufficient to do what is correct. To achieve even a fraction of that, we must do what is right.

Because while what is correct starts in legal opinions and rules and legislation, what is right starts here in the human heart, in our conscience, in respect for our neighbour, in the values that define who we are and what we want to be. If this is how we try to live our lives in this country, then this is how we should practise our politics.

I speak for the entire government when I say this is what will inspire and drive our tenure.

In the Programme for Government, which of course was published by the new Government and endorsed by this House prior to the publication of the Moriarty Report, we set out proposals for the most comprehensive programme of political reform since the 1930s.

We believe that politics must be about service to the public, and not to provide financial gain for politicians, or anyone else. We have already kept our promise to reduce the salaries of members of the Government and to reform the arrangements in relation to Ministerial transport.

With regard to the relationship between business and politics, we committed ourselves to introducing the necessary legal and constitutional provisions to ban corporate donations to political parties. We also committed ourselves to reducing the limits on donations to political parties and candidates and requiring disclosure of all aggregate sums above a limited threshold. We promised to introduce a statutory register of lobbyists, as well as a set of rules governing the practice of lobbying.

With regard to the relationship between civil servants and Ministers, we need to introduce reforms which reflect the transformation that is taking place in this relationship in light of the Public Service Transformation Programme. And, of course, the Programme for Government outlines substantial reforms in this area.

We will introduce whistleblowers legislation, and return Freedom of Information to where it was before the 2003 Act. We will amend the Official Secrets Act, retaining a criminal sanction only for breaches which involve a serious threat to the vital interests of the State.

We will scrap the current restrictions on the nature and extent of evidence by civil servants to Oireachtas Committees and replace them with new guidelines that reflect the reality of the authority delegated to them and their personal accountability for the way it is exercised.

We will also amend the rules to ensure that no Minister or senior public servant, including political appointees, can work in the private sector in any area involving a potential conflict of interest with their former area of public employment, until at least two years have elapsed after they left public service.

We will also introduce reforms which, while not directly related to issues emerging from the Moriarty Tribunal, will ensure that trust is restored in our democratic institutions and that the concerns of citizens, rather than the elites, are placed firmly at the centre of Government.

In its terms of reference, the Moriarty Tribunal was asked to bring forward any recommendations which it deemed appropriate in relation to the matters investigated by it.

In this context, in addition to dealing with the issue of political donations, the Tribunal’s Final Report outlined a series of recommendations in the areas of company law; the independence of the Revenue Commissioners; and the future conduct of Tribunals of Inquiry.

With regard to Judge Moriarty’s comments on the conduct of Tribunals of Inquiry, the Government, of course, has restored the Tribunals of Inquiry Bill to the Dáil Order Paper. This Bill will provide for a comprehensive reform and consolidation of the current legislation relating to Tribunals of Inquiry and to put in place a modern, comprehensive statutory framework governing all aspects of the operation of a Tribunal, from the time of its establishment to the publication of its final report.

The Bill implements in large part the proposals contained in the Law Reform Commission’s Report on Public Inquiries, particularly those relating to the more efficient management and operation of public inquiries. We will review the Bill in the context of the Report’s recommendations about Tribunals of Inquiry.

Of course, much comment has been made on the effectiveness of using Tribunals at all for inquiring into matters of urgent public importance.

The Government are committed to holding a Referendum, subject to approval by the Oireachtas, to reverse the effects of the Abbeylara judgement and enable Oireachtas Committees to carry out full investigations.

Overall, for the sake of our democracy, and in the context of the national misery caused by weak and reckless administration and corrupt, self-serving politicians: we must return both government and parliament to the people.

We must rehabilitate the idea of civic virtue – the idea of the duty and nobility of public service. We must. And we will.

In conclusion, let me say that as Taoiseach of the new government – and indeed as the father of this House:

The very fact that a modern democracy – a still-young republic – would require tribunals into payments to politicians at all, is proof of the degradation of politics, the decline of civic virtue, the inevitable rise of public cynicism and disengagement.

It shows, too, what happens to a society when people swap the big idea of their being responsible, powerful citizens for the infinitely smaller and confining idea of being mere customers or consumers.

Ironically, it was Deputy Lenihan who best summed up our current situation when he said last Thursday, that “Nothing would damage our international reputation more than uncertainty on an issue of that character.” He was right.

But where he says would damage, I say incalculable damage has already been done.
Because of a culture of, ‘Thanks very much, big fella,” walking-around money, whip-arounds, luck on the horses, of a Taoiseach degrading our nation and this Office by trousering after-dinner tips… a culture typified by arrogant, mercenary and immoral politics that almost ruined our reputation… made a mockery of ‘character’ itself.

When that culture included business and banking, it contaminated our country, divided our society, and diminished our republic. That contamination, division and diminution must end.

Now, when the stakes are soaring, with the eyes of so many on us; when as a country, we have the palpable, urgent sense of our making a new start, for and with each other, together, for a change; and the contamination, division and diminution do end; here with the new government, with a radically different standard, a radically different view.

And it is this: that the Irish people are citizens of a republic. That we have rights and responsibilities to build a bright future, a strong economy, a compassionate, thoughtful society. And that we will exercise those rights to the fullest by believing and showing that we cannot be bought, cheapened or exploited by politicians, banks and businesses – whoever they might be.

This new ‘speculation’ in favour of the citizen, democracy and justice, can do much to give our own people – and others – new confidence, faith and energy in the ideals on which our republic is founded.

Yes – Ireland might be a small country. But we are a significant nation: our honour, reputation and future are priceless. And can never be for sale, whether as a matter of fact, perception or opinion.

When I was elected Taoiseach, I spoke of restoring morality to our public life. I did so aware that we are haunted by a previous ‘morality’, where elements of the Church and State colluded to permit all kinds of savagery on our society.

It was a morality that decommissioned conscience, suffocated ‘the spirit’, created an architecture of intrigue, denial and deception that excluded ‘heart’, ‘truth’ even ‘humanity’ itself.

In the aftermath of this report, I want the government and the people to work together to bring a new, life-giving morality to public and civic Ireland.

A morality based on compassion, kindness, thoughtfulness, dignity, honesty. And above all, respect: respect for ourselves, respect for all who share our society, our country.

Respect that brings out the best in the Irish people, making us responsible for our choices, for our actions; keeping us mindful of their consequences for the generations to come – because the future belongs to them.

Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.

Author
View comments
Close
Comments
    Install the app to use these features.
    Mute Tom Doyle
    Favourite Tom Doyle
    Report
    May 29th 2015, 9:56 PM

    Any proper story on the thief O’Brien?

    298
    Install the app to use these features.
    Mute Richard Cynical
    Favourite Richard Cynical
    Report
    May 29th 2015, 9:56 PM

    alcohol won’t solve any of your problems but either will water

    292
    Install the app to use these features.
    Mute Glen
    Favourite Glen
    Report
    May 29th 2015, 10:23 PM

    It will if your thirsty.

    369
    Install the app to use these features.
    Mute Al Beebak
    Favourite Al Beebak
    Report
    May 29th 2015, 10:24 PM

    Or Denis o’brien

    269
    See 1 more reply ▾
    Install the app to use these features.
    Mute cp
    Favourite cp
    Report
    May 29th 2015, 11:32 PM

    Will it sink or will it float?? Only time will tell..

    46
    Install the app to use these features.
    Mute John Ward
    Favourite John Ward
    Report
    May 29th 2015, 9:54 PM

    Does Denis O’Brien drink there?

    277
    Install the app to use these features.
    Mute Chris Bruton
    Favourite Chris Bruton
    Report
    May 29th 2015, 10:28 PM

    Get a life.

    63
    Install the app to use these features.
    Mute Nucky
    Favourite Nucky
    Report
    May 29th 2015, 10:48 PM

    Do you work for DOB or IW Chris?

    151
    See 7 more replies ▾
    Install the app to use these features.
    Mute Chris Bruton
    Favourite Chris Bruton
    Report
    May 29th 2015, 10:52 PM

    No. But this childish hijacking is really crap. Like a 5 year old protesting by repeating everything you say. It’s dumb

    77
    Install the app to use these features.
    Mute Emily Elephant
    Favourite Emily Elephant
    Report
    May 29th 2015, 11:41 PM

    An attempt to silence the press, stifle the national parliament and subvert the constitution is not a trivial matter. I’m sorry that you find the fight against it childish, but I’m going to carry on until I’m banned anyway, thanks.

    160
    Install the app to use these features.
    Mute Chris Bruton
    Favourite Chris Bruton
    Report
    May 29th 2015, 11:45 PM

    Wow you’re such a rebel.

    30
    Install the app to use these features.
    Mute Emily Elephant
    Favourite Emily Elephant
    Report
    May 29th 2015, 11:51 PM

    No I’m not. I’m doing a small bit to protect something that took centuries to achieve, not give it up as if it means nothing. The rebels are the ones who would tear up the constitution if it’s a bit inconvenient.

    129
    Install the app to use these features.
    Mute Nucky
    Favourite Nucky
    Report
    May 30th 2015, 12:44 AM

    Yes but not nearly as childish as pretending not to know who Bill O Herlihy was earlier in the week eh Chris and posting smart about the man .

    79
    Install the app to use these features.
    Mute Chris Bruton
    Favourite Chris Bruton
    Report
    May 30th 2015, 10:37 AM

    “I’m doing a small bit”
    You’re doing nothing except being an annoying child – get over yourself.

    2
    Install the app to use these features.
    Mute Nucky
    Favourite Nucky
    Report
    May 30th 2015, 12:18 PM

    Oh yes that’s a wonderful come back good man yourself……

    8
    Install the app to use these features.
    Mute Cupid Stunt
    Favourite Cupid Stunt
    Report
    May 29th 2015, 9:59 PM

    Well at least they get the choice, over here you’re forced against your will to enter a contract with a private company so any concerns you may have with their ethics etc doesn’t matter and if you don’t want to be their customer you will be fined, if you attempt to stop the workers from forcing you face possible arrest and imprisonment. The guards and courts also won’t uphold your rights as a homeowner. Ireland’s a great place to do business if your Denis o Brien

    134
    Install the app to use these features.
    Mute @mdmak33
    Favourite @mdmak33
    Report
    May 29th 2015, 11:00 PM

    Journalists,we want to know what enda has to say about the country being gagged by one person.

    119
    Install the app to use these features.
    Mute Dermot Fennelly
    Favourite Dermot Fennelly
    Report
    May 29th 2015, 10:08 PM

    I fell out of it last night ,the need to do something with that step

    110
    Install the app to use these features.
    Mute D is Illusioned
    Favourite D is Illusioned
    Report
    May 29th 2015, 10:43 PM

    Did Denis O Brien/Siteserv install the pumps.

    99
    Install the app to use these features.
    Mute Chris Bruton
    Favourite Chris Bruton
    Report
    May 29th 2015, 11:03 PM

    OMG you’re such a rebel mentioning that name! #maverick

    15
    Install the app to use these features.
    Mute cp
    Favourite cp
    Report
    May 29th 2015, 11:31 PM

    Chris your really sticking up for Dennis in a few articles here.. How come??

    68
    See 3 more replies ▾
    Install the app to use these features.
    Mute Chris Bruton
    Favourite Chris Bruton
    Report
    May 29th 2015, 11:35 PM

    Never even intentioned him. Don’t care. I’m only taking issue with all the morons that just keep posting his name in random articles, acting like stubborn teenagers staging a naff little protest.

    18
    Install the app to use these features.
    Mute Chris Bruton
    Favourite Chris Bruton
    Report
    May 29th 2015, 11:35 PM

    *mentioned, not intentioned.

    9
    Install the app to use these features.
    Mute cp
    Favourite cp
    Report
    May 29th 2015, 11:42 PM

    I agree but you can clearly see why people would be tormented with the man.. Stupid his name being thrown into to every single article that is completely unrelated.. I agree with that..I see your point.. Just had to ask..

    19
    Install the app to use these features.
    Mute D is Illusioned
    Favourite D is Illusioned
    Report
    May 29th 2015, 10:47 PM

    The water here is contaminated with Denis O Brien.

    91
    Install the app to use these features.
    Mute Chris Bruton
    Favourite Chris Bruton
    Report
    May 29th 2015, 11:36 PM

    Your posts are contaminated with lame.

    25
    Install the app to use these features.
    Mute Al Ca
    Favourite Al Ca
    Report
    May 30th 2015, 12:35 AM

    I wonder if the real Chris Bruton would think it lame of you taking his name and his photo…..BTW…I just tweeted the real Chris Bruton and linked him to your comments…BTW…he also has a big hockey stick.

    52
    See 1 more reply ▾
    Install the app to use these features.
    Mute Chris Bruton
    Favourite Chris Bruton
    Report
    May 30th 2015, 10:37 AM

    I am Chris Bruton, you dope.

    2
    Install the app to use these features.
    Mute Colette Kearns
    Favourite Colette Kearns
    Report
    May 30th 2015, 12:52 AM

    People are talking about D’OB on lots of different threads because any articles about him are banned from making comments! “THE SILENCES OF THE LAMBS”

    87
    Install the app to use these features.
    Mute Andy Poole
    Favourite Andy Poole
    Report
    May 29th 2015, 10:00 PM

    Rumour has it their water is tainted with dihydrogen monoxide

    86
    Install the app to use these features.
    Mute Al Ca
    Favourite Al Ca
    Report
    May 30th 2015, 12:15 AM

    lol…laugh of the week!

    10
    Install the app to use these features.
    Mute Jonathan Stapleton
    Favourite Jonathan Stapleton
    Report
    May 29th 2015, 10:50 PM

    I f×cking hate hipsters

    62
    Install the app to use these features.
    Mute Pauliebhoy
    Favourite Pauliebhoy
    Report
    May 29th 2015, 11:53 PM

    Peckham Spring?

    55
    Install the app to use these features.
    Mute mark lobbe
    Favourite mark lobbe
    Report
    May 29th 2015, 10:16 PM

    Tap water is contaminated with fluoride (destroys pineal gland)

    28
    Install the app to use these features.
    Mute Ianwalsh79
    Favourite Ianwalsh79
    Report
    May 29th 2015, 10:29 PM

    It’ll ge closef within the week. Hypster fcuktards.

    27
    Install the app to use these features.
    Mute Ianwalsh79
    Favourite Ianwalsh79
    Report
    May 29th 2015, 10:30 PM

    Sory for the bad spellin I’m pished

    28
    Install the app to use these features.
    Mute Dan Smith
    Favourite Dan Smith
    Report
    May 29th 2015, 10:50 PM

    Hipsters?? In Shoreditch?? Well I never…

    24
    Install the app to use these features.
    Mute Daniel Carry
    Favourite Daniel Carry
    Report
    May 29th 2015, 11:18 PM

    Hope they know when someone’s had enough. Water intoxication will kill you very quickly.

    26
    Install the app to use these features.
    Mute sportsmad
    Favourite sportsmad
    Report
    May 30th 2015, 7:44 AM

    Where’s Enda

    17
    Install the app to use these features.
    Mute Matthew Wilson
    Favourite Matthew Wilson
    Report
    May 30th 2015, 12:19 AM

    Only one appropriate response to this.

    #notions

    13
    Install the app to use these features.
    Mute MarkSul
    Favourite MarkSul
    Report
    May 29th 2015, 10:04 PM

    Can you get blown out if your after too much?

    10
    Install the app to use these features.
    Mute Drew
    Favourite Drew
    Report
    May 30th 2015, 3:18 AM

    Shoreditch… That place and those people are ruining London.

    6
    Install the app to use these features.
    Mute Tinkers Toenail
    Favourite Tinkers Toenail
    Report
    May 29th 2015, 11:03 PM

    There has to be bowls of yips on the bar and if not I’m not going there!

    6
    Install the app to use these features.
    Mute Jordan Mac Fionnbhar
    Favourite Jordan Mac Fionnbhar
    Report
    Jun 1st 2015, 11:32 AM

    Water they thinking?

    2
    Install the app to use these features.
    Mute Ana Nonymous
    Favourite Ana Nonymous
    Report
    May 30th 2015, 8:22 AM

    The in thing is France now, you can even get Evian bottles for babies!

    2
Submit a report
Please help us understand how this comment violates our community guidelines.
Thank you for the feedback
Your feedback has been sent to our team for review.
JournalTv
News in 60 seconds