The Tánaiste, Deputy Spring, has given notice in writing that he wishes to give a personal explanation and it has been decided to permit such a statement.
Personal Explanation by Member.
An Leas-Cheann Comhairle
I thank the House for facilitating me to make a statement. I wish to correct the record in respect of my written reply of 26 March to Question No. 94 from Deputy O'Malley. On further examination of this matter and in the light of information which arrived after the reply was delivered, I have ascertained that that reply was erroneous in two important respects. It was not my intention to mislead Deputy O'Malley or the Dáil, and Deputy O'Malley acknowledged that fact in his comments at the Joint Committee on Foreign Affairs yesterday.
In his Dáil question Deputy O'Malley asked me about documentation, a signature on which was authenticated by the embassy in Baghdad on 5 March 1990, which referred to Irish beef exported to Iraq. I stated in my reply that no fine was imposed by the European Commission on foot of any certificate in the batch authenticated by the embassy on 5 March 1990. This information was based on a misunderstanding of background material supplied to my Department by the Department of Agriculture, Food and Forestry. The disallowance imposed by the European Commission involved four certificates from 1989 which had been included in that batch. I also stated in my reply of 26 March that only one of the documents authenticated on that occasion had been signed "C. Peyron pp T. Gurney". I have since learned that two other certificates in that batch bore the same signature.
The records of the embassy in Baghdad were destroyed at the time of evacuation during the Gulf War and were not available for reference in researching the reply to the Deputy's question. As the Deputy had not provided me with a copy of the certificate to which his question referred, I based my reply on a batch of 23 certificates from Bureau Veritas, which had already been provided by the Department of Agriculture, Food and Forestry to the Committee of Public Accounts. I understood this batch to contain all the certificates in question. I now know it did not include two further certificates signed "C. Peyron pp T. Gurney". They were in a batch of three brought to my Department's attention by the Department of Agriculture, Food and Forestry on 7 April and supplied, I understand, to the Committee of Public Accounts on the same day. One of them was also sent to my Department by Deputy O'Malley the following day.
The Department of Agriculture, Food and Forestry has confirmed that it did not pay export refunds on foot of any of those three certificates. It has stated that as far as it can establish at this stage, all the Bureau Veritas certificates submitted to that Department by AIBP in regard to beef exports to Iraq have been located, but given the age of the files concerned — up to nine years — and the fact that most of the associated files are no longer available, it cannot be absolutely certain of this. It is important to emphasise that the function of the embassy in this matter was to authenticate the signature of the Bureau Veritas commercial manager in Baghdad, Mr. J. Lopuszynski, and that this was the only signature authenticated by the Ambassador.
Irish diplomatic and consular officers abroad routinely authenticate signatures and seals on foreign documents for use in Ireland. Their sole function in these cases is to certify the authenticity of the signature or seal on the document, not the genuineness, legality or credibility of the document or its contents. The normal practice is that officers may certify that a signature on a document is genuine if the person signing appears before them, establishes his or her identity and either signs the document in the presence of the officer or acknowledges that the signature on the document is his or hers or they know the signature on the document to be genuine, for example, by comparison with a specimen signature in his or her possession or from personal knowledge.
Deputy O'Malley wrote to me about this matter on 8 April mentioning, among other points, the Bureau Veritas stamps which appear on certain documents. The then Ambassador in Baghdad has confirmed that he authenticated only the signature of the Bureau Veritas commercial manager, Mr. J. Lopuszynski, and the word "seal" was crossed off for this reason.
I regret the error on the day I answered the question.
I thank the Tánaiste——
An Leas-Cheann Comhairle
I am sorry, Deputy, no questions may arise from a personal explanation. We must revert to the business of the House.
I think the explanation deserves some comment.
An Leas-Cheann Comhairle
That may be, but under Standing Orders no Member shall be permitted to ask questions at the conclusion of a personal explanation nor shall any debate arise therefrom.
This is part of an attempt by the Department of Agriculture, Food and Forestry to cover up the fact that it gave wrong information to the Tánaiste and a Minister. It has misled two Ministers as well as the House. This is a serious matter and should not be allowed to stop here. It should be referred to the Garda Síochána.
An Leas-Cheann Comhairle
Deputy O'Malley should resume his seat.
- Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunity of Witnesses) Bill, 1995: Report Stage (Resumed).
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- Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Bill, 1995: Report Stage (Resumed) and Final Stage.