My initial reaction to the publication of the Mahon report was to say it took far too long - 15 years - and cost far too much for it to be produced. It has been suggested that the tribunal has cost €97.9 million to date, but that figure could increase considerably if it is decided that all legal costs are to be met. My point is that any suggestion of wrongdoing - such suggestions were made prior to the 1990s and since - should be a matter for criminal investigation. Charges, trials, findings, judgments and punishments, as the case may be, could have emerged from those investigations. All of that would have been in progress or finished by now. We have tribunal millionaires as a result of the inordinate length of time the tribunal took. One of the reasons for this was the way the tribunal was set up. Its terms of reference were far too wide. I cannot help wondering if there was a certain ulterior motive for having such wide terms of reference. Was it hoped that nothing would be discovered?
I accept the tribunal's defence that the 32 legal challenges were part of the reason it took 15 years to complete its work. The resources of the tribunal had to be diverted to meet those challenges, rather than concentrating on the work it was set up to do. The way in which the tribunal was set up did not give sufficient thought to the costs. The costs that were paid to barristers at the outset - €2,250 per day for senior counsel and €1,500 per day for junior counsel - were very generous.
It was only in 2009 and 2010 that these rates of pay were reduced by 16%. However, the rates are still very generous, at €1,760 per day for senior counsel and €1,173 per day for junior counsel. I trust the lesson is that tribunals are not the way to investigate wrongdoing. However, if we must have a tribunal again, I hope there will be narrow terms of reference, a timeframe and much more realistic costs commensurate with the fact that we are in a recession and in great economic distress.
For over 35 years, I was very proud to say I was a teacher. It is different for me now as a politician, public representative and Deputy because, in a sense, we are all tainted by the findings of the tribunal. I know that many public representatives are, like me, honest but great damage has been done to the reputations of those elected because of the view that all politicians are the same. We are not all the same but everyone elected to the Dáil, Seanad and local authorities has a responsibility to ensure there is honesty and integrity in public life.
All our institutions have been tainted. I refer to banking, finance, the church, the State and aspects of the media. I cannot help but wonder whether there is something in the male psyche causing the problem as the institutions are all male dominated. The common denominators are greed, self-interest, massive egos and a sense of self-righteousness. On reading the Mahon tribunal report, it is clear that those named and implicated are guilty in respect of all these traits and that they believe they are above correction and can do what they like.
It is horrifying to read the findings in the Mahon tribunal report because they comprise a damning indictment of our political institutions. I can only describe it as a cancer. There has been a malevolent cancer at the heart of what the tribunal investigated. Like all cancers, there is a need for radical and invasive treatment if it is to be removed.
The findings of the report show that people in elected office did not tell the truth. Fianna Fáil Ministers launched what are described as "extraordinary and unprecedented attacks on the Tribunal" to erode its independence and collapse it. Fianna Fáil is the same party that set it up. A former Minister received money for the benefit of his political party but then used it for his own personal benefit. The report refers to a developer who embraced and adopted the strategy of corruptly engaging with councillors; a developer who made or authorised payments to politicians for their backing on rezoning; politicians seeking and taking payments; abuse by a former Deputy, an elected representative, who corruptly sold political services and abused his position as an elected representatives for his own personal gain; a lobbyist making a significant personal fortune by actively and purposely misleading the tribunal; requests for party donations by two former taoisigh which the tribunal found entirely inappropriate and to constitute an abuse of political power and Government authority; findings of corruption against some 11 councillors; a former Taoiseach who failed to act on information about wrongdoing, yet proceeded to appoint the implicated person as a Minister. The central word in all of this is "abuse", that is, abuse of the office of an elected representative of the people.
One could walk up to the court in the Phoenix Park today and find people being fined or sentenced to jail for minor offences. While I do not condone wrongdoing, I must ask whether any individual named in the tribunal's findings has been punished proportionately. If we examine the punishments to date, we note that four people went to jail. One was sentenced to two years, with six months suspended. One spent eight months in jail and another six weeks.
Central to the findings is the unhealthy relationship between business and politics. This is crony capitalism but it is really corruption. Corruption became so firmly rooted that it appears that it became the way to do business. What happened was that some in elected office had power and used it to make millionaires of friends through very favourable rezoning decisions. Those councillors and Deputies prostituted themselves.
There is more corruption to be unearthed, particularly in respect of the way in which we have sold off our resources of gas and oil to date. Corrib Gas is a prime example. Another pertains to our contention that we charge corporation tax at 12.5%, yet much of this tax is not collected.
The damage to communities cannot be underestimated. The building boom was at the heart of what the Mahon tribunal investigated. I refer to land rezoning, the selling of vital green landscapes and the building of estates solely for profit with no regard for the services needed to make a housing estate into a community. Necessary services include playgrounds, libraries, sports facilities, shops and transport. All the housing developed did not clear the housing waiting list, nor did it see an end to homelessness. The development was utterly profit driven.
Let us consider the reactions of those named in the report. The report states former Taoiseach Bertie Ahern failed to truthfully account for the amounts lodged and that there was no credible explanation of their origin, yet Mr. Ahern stated he never accepted a bribe or corrupt payment. People who testified on Mr. Ahern's behalf under oath had their evidence rejected by the tribunal and they are now taking refuge in the fact that one word, "corrupt", was not used. The developer found by the tribunal to be aware of, and actively engaged in facilitating, the corrupt disbursement of payments to politicians utterly rejects the findings of the tribunal and will be seeking a judicial review.
Let us consider those who looked on. In respect of them, the Mahon tribunal report states corruption continued because nobody was prepared to do enough to stop it. One of the reasons was that those who had the power to stop it were frequently implicated. There was general apathy and not enough pressure on politicians to do anything.
In April 2007, Frank Connolly in the then Mail on Sunday carried an article on Bertie Ahern entitled “Bertie: The Money Trail”. That same morning, Bertie Ahern went to Áras an Uachtaráin to request the dissolution of the Dáil. Revelations about the money trail dominated the first half of the election campaign in 2007. While I agree with the principle that one is innocent until proven guilty, it is remarkable that in Dublin Central in the 2007 election, Bertie Ahern received three times the number of first preferences that my predecessor, the late Tony Gregory, received. Tony Gregory was a man of integrity and honesty. There was evidence in 2007 that was ignored by the Fianna Fáil Party to ensure it would stay in power. However, it was also ignored by the electorate.
The Garda, most unfortunately, is among the organisations that could have done more. Senior gardaí were found to have failed to properly investigate allegations of corruption and bribery involving senior officials and politicians. Certain sections of the media seemed to have been having a love affair with Bertie Ahern and there was no criticism allowed. The Fianna Fáil Party and its members had collective responsibility because what was occurring had been occurring for a long time. It is still disturbing to listen to and read comments by constituents of Mr. Pádraig Flynn and Mr. Bertie Ahern outlining all they did for their constituencies while disregarding the damage they and their cohorts did for the country.
One must acknowledge those who did something. Mr. Michael Smith and Mr. Colm Mac Eochaidh saw corruption and wanted to do something about it. Certain journalists persevered doggedly and some continued in the face of personal attacks on them and their reputations. It was interesting to read about Mr. Trevor Sargent of the Green Party having tried to expose corruption at a council meeting by producing a cheque from a developer. I believe he had to be escorted from the chamber for his own protection.
Can we hope for lessons to be learned? Can we say "Never again", mean it and set about putting in motion what is necessary to root out corruption and get to the point where one can say with pride that one is a Deputy, Senator or councillor?
The Mahon report recommends that politicians who are convicted of corruption or who have failed to explain adequately their sources of income be stripped of their pensions. It recommends that other planning investigations be reopened, not by the tribunal but by a group of independent planning experts; that the CAB, the DPP and Revenue Commissioners continue to do their work; that an end be put to the massive tax reliefs for developers and to political donations; that there be a ban on gifts; and that non-co-operative witnesses pay their own costs and the costs of the tribunal. It is also recommended that there be rigorous and transparent planning regulations, which means reform of local government to ensure there are no more deals on rezoning. This means an independent planning regulator. Standards in public office ought to be more rigorous and there should be a register of lobbyists. The report recommends also that the Kenny report be implemented in full. The investigation behind this report began in 1971 and the report was published in 1974, and it called for an effective end to land speculation.
It was disquieting to listen yesterday to Deputy Martin speaking in the House. While he acknowledged wrongdoing, it seemed to have been a case of his saying, "Moriarty found out more about you than Mahon did about us." That is not the way forward. The way forward is to say we will never let what occurred happen again, mean this and take action to ensure it.