I welcome the Minister for Justice, Equality and Law Reform to the House. The second interim report by Mr. Justice Flood into certain planning matters and payments to politicians has evoked widespread public and political reaction since it was published last month. Mr. Justice Flood cuts through the evidence he heard at the tribunal to produce clear and precise conclusions on the many varied issues he was asked to investigate by both Houses of the Oireachtas. While we should all be mindful of the fact that the tribunal is not a court of the land, the conclusions reached by Mr. Justice Flood concerning former Fianna Fáil Minister, Ray Burke, have been stark and uncompromising.
The tribunal found that Mr. Burke received "corrupt payments" from various individuals during his political career. The report paints a picture of a politician hopelessly compromised who was unable to perform his public duties as a result of receiving vast sums of money. Notwithstanding the potential that charges may follow the publication of the Flood report and the implicit right of Mr. Burke and others to defend their name in court, there is an obligation on the Government and all Members of the Oireachtas to now consider the decisions taken by Mr. Burke while he was a Minister. The excuse that all these decisions can be left to one side while the tribunals continue should not be countenanced by any politician. Where there is worry or doubt about decisions taken in the past by the former Minister, the Government should now investigate and, where wrongdoing is found, take appropriate action.
The comments made in the other House last week by the Minister for Justice, Equality and Law Reform, Deputy McDowell, are a cause of concern. During his reply to a question about Mr. Burke's handling of the passports for investment scheme the Minister informed the House that, having studied the file, he found the 11 passports and naturalisations granted were "irregular and unusual". He went on to say serious questions concerning the role of the former Taoiseach, Mr. Haughey, in the granting of the citizenships should also be posed. His words were shocking. If the original decision to grant these 11 naturalisations is suspect in the Minister's mind, he has a responsibility to initiate an inquiry into the matter.
The Citizenship Act, 1956, gives the Minister the sole power to revoke citizenship. Having read the file and used precise language in the other House, this suspect decision of Mr. Burke must now be reopened to enable questions to be put to those involved in the case. The power to revoke citizenship rests, not with tribunals, but with the Minister for Justice, Equality and Law Reform. Failure on the part of the Minister to act at this stage and investigate the bizarre circumstances which surround the granting of citizenship would further undermine the respect people have in the concept of citizenship. If a wrong was committed, it is compounded every day because citizenship is still available to the 11 individuals involved. While the scheme was discontinued in 1998, a total of 44 persons were naturalised by Mr. Burke as Minister.
Having regard to the information already contained in the initial report produced by Mr. Dermot Cole, it is clear that there are serious doubts that the applications were properly grounded. The direct involvement of Mr. Burke and Mr. Haughey in the Mahfouz affair shows that breaches of the citizenship procedures were tolerated to an extraordinary degree. The current Minister for Justice, Equality and Law Reform must now ask questions of all the parties which make up this affair. If there is nothing to hide, an inquiry will show this.
Last week the Minister informed us that his predecessor, Máire Geoghegan-Quinn, commissioned an internal report in the Department of Justice, Equality and Law Reform on this matter. She outlined her concern about the decision to the current Taoiseach, Deputy Bertie Ahern, in November 1994 and furnished a memorandum to him setting out her concerns. I presume the memorandum still exists and that the current Minister has read it. I call on him to publish it forthwith in order that all of us can determine its importance. The former Minister, Máire Geoghegan-Quinn, has a responsibility to share with the public the information she gave to the Taoiseach about her doubts on the legitimacy of the passports and the suitability of Mr. Burke for high office. While the Minister informed the other House that all the files on the passports scheme were sent to the Moriarty tribunal, has the same information been sent to Mr. Justice Flood?
The Cole report highlights many unusual and unanswered questions. It seems to have been a simple analysis of the file without any questioning of the parties involved. It is my understanding that a key official at the Department of Justice, Equality and Law Reform and a distinguished civil servant, Mr. Matthews, was not questioned about the affair. Given what we now know about Mr. Burke, it is time for a serious re-examination of the facts surrounding this case.
While the procedures behind the scheme might best be described as loose, to use the Minister's words, the detail in the granting of these 11 passports was "irregular and unusual". How were the passports issued before naturalisation was granted? The original applications were defective on a number of grounds. It is interesting to note that to this day no one has managed to determine the identity or status of the person who witnessed the statutory declaration of the applications. None of the applicants claimed any association with Ireland nor had they spent time here. The statutory requirement that applicants must swear loyalty and fidelity to the State was ignored in this case, despite the fact that Article 9.2 of the Constitution provides that fidelity to the nation and loyalty to the State are "political duties of all citizens". Promises that $100 million was to be made available for investment opportunities in this country were not realised. Why did Mr. Burke sign these naturalisation certificates at his home with such undue haste? Too many questions still remain to be answered.
The Minister has a proven ability as far as legal matters are concerned. As Attorney General, he moved quickly to provide the Government with a report on the national stadium controversy. Under the 1956 Act he has the power to revoke citizenships which have been fraudulently obtained. He cannot delegate this power to the tribunals. He should act in this matter to allay public concern and help restore public confidence in politics and the democratic process.