'Time to scrap tribunals'
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The Taoiseach Bertie Ahern has said the law governing tribunals of inquiry should be "scrapped" and that new laws should be enacted to make them more accountable to the Oireachtas.
Yesterday, the Taoiseach elect, Brian Cowen, told the Sunday Independent that he saw "a lot of merit" in Mr Ahern's suggestion when the current tribunals have completed their work.
In an interview with the Sunday Independent, Mr Ahern has said that while he respects the decision-making independence of tribunals, they would be "fairer" if their overall procedures were more accountable.
He said: "In my view the time has come for a review, and I hope my successor in government will do that at an earliest time."
He added: "The reality of the situation is that 100 years ago it was Parnell, 10 years ago it was Clinton, today it's me and tomorrow it will be somebody else."
The Taoiseach said: "I think the time has come to scrap them (tribunals) and the 1921 Act. It is an Act from the British time, it is an Act from a time when there was no fairness or justice for the small people. So it is my belief that the 1921 Act should be scrapped."
Mr Ahern also elaborated on his view that his former secretary, Grainne Carruth, was "harangued" by the Mahon tribunal.
He said: "The tribunal called her as a witness, and I couldn't go in her place. All I could hope was that she would be well treated. It is my view that -- and thankfully in a democracy you are entitled to your view -- Grainne was not well treated . . . she was hassled, she was unfairly hassled.
"For the life of me I don't understand why she was called back on the second day, and I don't see why it was necessary that a mother of three, who could not genuinely remember -- she was paid pretty low money for doing very good work in my office -- but why she had to be the only witness that I can recall, and I may be wrong in this, who had the Tribunals of Inquiry Evidence Amendment Act read out to her with the threat of imprisonment.
"I mean we had Tom Gilmartin down in the tribunal for months making a complete fairytale, not of Ireland, but of the world, and to the best of my knowledge, it was never read out to him. But then again he is being treated different from everybody else as far as I can see."
The Tanaiste and Minister for Finance, Brian Cowen, was yesterday the only contender when nominations closed at 2pm for a successor to Bertie Ahern as leader of Fianna Fail.
A nationwide telephone poll, conducted for the Sunday Independent, found a massive 78 per cent felt Mr Cowen would make a good Taoiseach while only 22 per cent felt he would not.
The poll also contained good news for Mr Ahern with a huge 73 per cent expressing the belief that his achievements would outweigh his failings.
And a narrow majority -- 51 per cent -- said they were sorry he was stepping down, while 49 per cent said they were glad.
Mr Ahern is destined to be adjudged "corrupt" by the Mahon tribunal, 56 per cent believe, while 44 per cent said he will not.
Mr Ahern's views of the "unfairness" inherent in the procedures of tribunals of inquiry are likely to now start a debate as to how any such future inquiries should be conducted.
Mr Ahern is seeking the abolition of the Tribunals of Inquiry 1921 Act, and its replacement with new laws which will make inquiries more accountable to an Oireachtas cross-party committee.
Mr Cowen told the Sunday Independent: "I would see a lot of merit in that idea, given the length of time and very considerable resources that are being deployed to the tribunals.
"It clearly points to the need to examine how we can improve the way that we would deal with such issues in the future.
"So a review, I believe, would be appropriate when the current tribunals have completed their work."
In his interview with Sunday Independent editor Aengus Fanning, Mr Ahern said: "I have the height of respect for the judiciary, I want to make that absolutely clear.
"I think tribunals work differently. There is a structure of unfairness in the tribunals. It seems to me to be unfair that counsel for the tribunals decides what evidence to bring forward, and what submissions to make, and when any controversy arises about this, it is the tribunal that decides whether counsel is right or wrong.
"I presume they consult with counsel when such issues arise. That is how they work, and I think as one of the judges, or at least a number of judges have said, in various tribunals -- the latest time, Judge Mahon said it to my counsel Conor Maguire, this is how it works -- well, if it is the way it works, I think it should be changed.
"I think the time has come to scrap them, and the 1921 Act, it is an Act from British time, it is an Act from a time when there was no fairness or justice for the small people. So it is my belief that the 1921 Act should be scrapped.
"I think while respecting the independence of tribunals in making their decisions, they should be accountable for their overall procedures, and I think we should consider -- I put it no stronger than that -- members of the tribunal should be subject to a cross-party Oireachtas committee.
"No one should be free from objective and fair scrutiny when they are in such positions of power. Everybody has to be accountable to somebody, so I think that is a consideration, and I think a very important point.
"We have to learn lessons from the United States. After the Ken Starr inquisition of Bill Clinton, a review of the role of independent counsel was set up . . . and, in my view, (the time) has come for a review of important aspects of tribunals in this country.
"We have now had about 10 of them in recent years. They are coming to an end, and I think it is time to have the review, and I hope my successor in government will do that an earliest time."
Full interview: Pages 26-27
- Jody Corcoran
