Dáil Éireann debate -
Wednesday, 9 Feb 2000

Vol. 514 No. 1

Priority Questions. - Ansbacher Accounts.

Pat Rabbitte

Question:

44 Mr. Rabbitte asked the Tánaiste and Minister for Enterprise, Trade and Employment when the three inspectors appointed by the High Court on her application will report back; if she considers that the terms of reference given to the inspectors are adequate in view of the additional information which has come into the public domain regarding additional holders of Ansbacher accounts; the plans, if any, she has to amend their mandate; and if she will make a statement on the matter. [3452/00]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. Treacy)

The three inspectors appointed to investigate and report on the affairs of Ansbacher (Caymen) Limited are officers of the High Court, and as such, they are independent of the Government. I am not aware that the inspectors have yet made any report to the High Court, but when one is submitted it is normal practice for the court to agree that the Tánaiste receives a copy of the report on a confidential basis.

I do not have any indication as to when the inspectors will be reporting to the High Court and it would not be proper for us to seek information on the progress of their investigation outside of receiving these reports. We are satisfied that the mandate given to the inspectors in respect of their inquiry into Ansbacher (Caymen) Limited remains adequate. We have not been informed by the inspectors of any deficiencies in their current terms of reference and until we are, we do not intend to petition the court on this issue.

The House will be aware that the examination of the books and documents of a number of other companies under section 19 of the Companies Act, 1990, is ongoing. On conclusion of these examinations we will decide what action, if any, is required. Until we receive and examine the authorised officers' reports in consultation with our legal advisers we cannot speculate on what action might be appropriate in any specific case.

Mr. Rabbitte

It is unsatisfactory to have to ask the Minister of State questions on this matter. The Tánaiste and Minister for Enterprise, Trade and Employment ought to be here. How did the Department come into the possession of the information the Tánaiste passed on to the Taoiseach in respect of a Member of the Government side of the House holding an Ansbacher deposit?

Mr. Treacy

The Tánaiste is away on business promoting trade and foreign direct investment in the country and ensuring that our indigenous industry is well marketed internationally. She is discharging her duties in this regard.

Mr. Rabbitte

I accept that and do not complain about it. It is good of her to do it. What is the answer to my question?

Mr. Treacy

I am pleased the Deputy is happy with that. I am not aware that the Tánaiste received any information on this issue about any Member of the House, nor am I aware that she at any time conveyed any information to the Taoiseach about any Member of the House.

Mrs. Owen

The Tánaiste's spokesman said she did.

Mr. Treacy

Will the Deputy provide me with a reference because I do not think it is true?

Mr. Rabbitte

Is it not a fact that a spokesman on behalf of the Tánaiste has made it plain in public that she was the source of the tip-off to the Taoiseach before Christmas that caused him to summon Deputy Foley concerning his being investigated by the Moriarty tribunal?

Mr. Treacy

I have not seen reference to any statement by a spokesman on behalf of the Tánaiste pertaining to this matter. I am not aware that she received any information on this issue at any time. There has been no indication from her to this effect. She receives information on various issues at various times but always acts on them within the law. There is not any information to suggest that she received the information in question or subsequently conveyed any information on this issue to the Taoiseach. Anybody making allegations on this issue should refer to exactly when the statement was made. I have no knowledge of any statement to that effect.

Mr. Rabbitte

The information concerned is in the public domain; it is not an allegation. I take it the Minister of State is saying that the Tánaiste had no such information. Having regard to the fact that she now has such information and that a new list of Ansbacher depositors has been uncovered, what steps is it proposed to take to have them included in the remit of the Mr. Justice Costello commission appointed by the High Court to examine this issue?

Mr. Treacy

The new list will be included in the remit of the commission headed by Mr. Justice Costello and his colleagues as inspectors of the High Court. The affidavit submitted to the court on behalf of the Tánaiste allowed for the possibility that there would be other names and much more money involved in this account. The subsequent affidavit, which was accepted by the High Court on the appointment of the inspectors, allows that they will be automatically included once the information becomes available and any further information becoming available will also be included for their examination.

Mr. Rabbitte

I take it from what the Minister of State has said that his colleague, Deputy Foley, and the other 14 names – we do not know how many names might be involved – are now the subject of investigation by the inspectors appointed by the High Court.

Mr. Treacy

We have no knowledge of the work of the inspectors except to say they are appointed by the High Court to do a job. They will report to the High Court and it will then be a matter for the court to decide.

Mr. Rabbitte

Does their job include or not include the new names that have come to light, including that of the Fianna Fáil Member of the House, Deputy Foley?

Mr. Treacy

The affidavits we submitted to the High Court last year included the provision that other names or information might become avail able. The suggestion in the affidavit was that there may be other names. We sought the appointment of an inspector by the High Court because our authorised officer at the time was not getting the co-operation he required. To get the maximum information the Tánaiste decided to seek the appointment of inspectors by the High Court. The affidavit petitioned and lodged to the court included the possibility that there could be other names and much more money involved and provided that this possibility should be examined.

It is a matter for the inspectors to do their job. We cannot interfere with them or seek information from them. They report directly to the court.

An Ceann Comhairle

We now move to Question No. 45.

Mr. Rabbitte

I did not get an answer to a simple question. Are the names of Deputy Foley and others included in the Ansbacher remit?

An Ceann Comhairle

Under Standing Orders unanimously passed by the House we must move on to Question No. 45.

Mr. Rabbitte

Given that the Tánaiste is not here the Minister of State should answer the question. It is very unsatisfactory that he has dodged a reply to my question.

Mr. Treacy

I take exception to Deputy Rabbite's assertion that I dodged answering his question. I am not the High Court and I cannot answer for it.

An Ceann Comhairle

I remind the House that there is an Adjournment debate on this issue this evening. The matter can be further pursued there.

Mr. Treacy

Excellent.

Mr. Rabbitte

Could we get a High Court judge to attend the House to answer the debate tonight?