Michael Noonan
Ceist:1 Mr. Noonan asked the Taoiseach the procedures which exist in respect of communications between his Department and the Moriarty tri bunal; and if he will make a statement on the matter. [9624/01]
Ceisteanna–Questions. - Departmental Correspondence.
Ruairí Quinn
Ceist:2 Mr. Quinn asked the Taoiseach if all files sought from his Department by the Flood tribunal have now been provided to the tribunal; and if he will make a statement on the matter. [10632/01]
Ruairí Quinn
Ceist:3 Mr. Quinn asked the Taoiseach if all files sought from his Department by the Moriarty tribunal have now been provided to the tribunal; and if he will make a statement on the matter. [10633/01]
I propose to take Questions Nos. 1 to 3, inclusive, together.
The administration costs for the Moriarty tribunal, including counsel fees, are met from the Vote of the Department of the Taoiseach. Issues in this regard which may be raised from time to time by officers of the tribunal are dealt with in the normal course of business by my Department which is also responsible for processing requests for payments from the Vote.
From time to time there have been requests by each tribunal for records and files and my Department has submitted these. It will continue to co-operate with the tribunals in making available any records sought. Normally these requests are received by the Secretary General and assigned to the appropriate departmental official by him. All are dealt with on a highly confidential basis as required by the tribunals.
Is it the Civil Service staff of the Department who deal exclusively with these requests or do the political staff get involved on occasions? Does the Taoiseach confine co-operation to requests made by the Moriarty tribunal or do the civil servants and political staff on occasion volunteer documents which they consider relevant even if not requested?
The Secretary General receives these requests which are then dealt with at Civil Service level. The practice has been – this matter has come up on a number of occasions – that the Secretary General or whomever he nominates will undertake a full trawl of the Department in this regard.
The Taoiseach may recall that in the early months of the Administration his former programme manager undertook a trawl of the files regarding the award of the second GMS phone licence in the Department of Public Enterprise. This would have been done with the Taoiseach's knowledge and, perhaps, on his instruction. Was this related to the Moriarty tribunal? Was such a trawl undertaken following a request for information from the Moriarty tribunal? If not, did any material emerge which the Taoiseach, the Secretary General or the Minister for Public Enterprise should have been forwarded because of its relevance to that tribunal?
I cannot recall a trawl regarding the GMS phone licence. I am not sure my Department would have any relevant facts in that regard.
The Taoiseach's former programme manager, whose name I do not wish to mention, trawled the files of the Department, presumably on the Taoiseach's instruction.
In the Department of Public Enterprise?
Yes.
I cannot recall the matter. I do recall his having permission to trawl the files of that Department.
The Taoiseach might also remember he trawled files in the Department of Health and Children at the same time. That might spark his memory.
It does not. As I have said on a number of occasions in this House, I do not make it a practice to take files from any Department.
I will put it to the Taoiseach this way—
The Taoiseach, without interruption.
I cannot recall a trawl by my Department of the GMS files, certainly not at my request. Officials of the Moriarty tribunal may have undertaken a trawl of the Department of Public Enterprise. I also do not recall a trawl of files in the Department of Health and Children.
Requests for such files are communicated to the Secretary General of my Department. The Moriarty tribunal regularly writes to the Government Secretary but I have no involvement in dealing with those matters.
Is the Taoiseach confirming that his political staff have had no involvement since he became Taoiseach in examining files to supply material to either tribunal or for any other reasons?
They would have supplied me with material if it was considered relevant. If it was a matter relevant to them, the Secretary General would request any necessary documentation. We have had a number of trawls by the tribunals about different issues. There have been an occasional few relating to my own section. My political officials would have no involvement in the formulation of replies.
The Taoiseach is not answering my question. Is he saying that his political staff, those he appointed to assist him other than civil servants in his Department, have had no involvement in trawling through files? Is this the case for other Departments, with or without that having a connection with the Moriarty tribunal?
I will check, but I have no recollection of files on either of the matters being trawled for in my Department. An entire examination of files on the health issue was undertaken in my Department at the beginning of this Administration. I believe that I now know the issue the Deputy is interested in. That examination of files was carried out on a health issue relating to one of my former staff in the first week or two of the Government coming in. I do not remember any such check related to the GSM licence, but I will check.
In respect of a request for files from the Moriarty tribunal or the Flood tribunal, can I ask the Taoiseach if the practice is that the relevant official, such as the Secretary General or someone appointed by the Secretary General, takes the request, identifies the material in question, sources it and any related matter, and refers it directly to either of the tribunals? Is the Taoiseach saying that at no stage is either he or a political adviser appointed by him consulted on the appropriateness of sending material to such tribunals? Did the Taoiseach have no direct or political involvement in censoring, editing or withholding information that the civil servant in question, acting on behalf of the Secretary General, would have deemed relevant to the request of the particular tribunal?
The answer is a categorical yes, as the Deputy outlines the question. Many, possibly most, of the replies to the tribunals would not be seen by me. Perhaps this has happened on one or two occasions when the matter was directly relevant to me. However it is normal that such matters are dealt with by the Civil Service. I believe that most Departments would operate in a similar fashion, but am certain this is the case in my Department. If the matter in question concerns past files and Government records, I have no involvement. I have heard from time to time that there were long or major letters to my Department but would have no involvement with them. I have never sought to find out what the tribunals were checking into.
Is the Taoiseach saying the practice is that a senior civil servant, including the Secretary General, receives the request, evaluates it in terms of the relevant material, and decides to send that material direct to the tribunal while the Taoiseach is neither involved nor informed in any way?
That was the case unless the matter was directly relevant to me. In most cases the points at issue go back over the years, some as far back as 20 years. I am not involved in those cases, nor have I sought to become involved. There have been an enormous number of files and issues but I have not been involved in any way either with requests from the Secretary of the Government, or the Secretary General of my Department.
(Mayo): There was a query as to whether the Taoiseach's special adviser examined files in various Departments, including the Department of Public Enterprise, with special reference to the GSM award of the second mobile telephone licence. Can I ask the Taoiseach whether he will check with the individual in question whether he carried out such an investigation of files, and whether the Taoiseach could report back to us at the earliest possible stage in order to verify whether anything untoward was found? Rumour abounds on this matter.
I will. To be helpful, may I ask Deputy Noonan if this is the same individual we are talking about regarding the health issue?
The Taoiseach knows we will not name him.
I appreciate that.
It is the same individual.
I will check that matter.