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Tribunals of Inquiry Recommendations

Dáil Éireann Debate, Wednesday - 4 July 2018

Wednesday, 4 July 2018

Ceisteanna (250)

Micheál Martin

Ceist:

250. Deputy Micheál Martin asked the Minister for Justice and Equality if all recommendations of the Moriarty tribunal have been implemented; the recommendations that are outstanding; and when they will be implemented. [29040/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Moriarty Tribunal made a number of recommendations which related to the responsibilities of different Government Departments. Insofar as my Department is concerned I can advise the Deputy that the recently enacted Criminal Justice (Corruption Offences) Act 2018 is a very important piece of legislation in the fight against corruption both in Ireland and abroad. The Act was signed into law by the President on the 5th of June following swift passage through both Houses of the Oireachtas and represents a complete overhaul of anti-corruption offences in Ireland, which dated as far back as 1889 and were contained in seven different statutes.

The new Act provides a single, consolidated modern piece of legislation which is more comprehensive and more accessible.  As well as being a consolidation, the Act is also responding to recommendations from the Mahon Tribunal, from GRECO, from the OECD Working Group on Bribery and from the UNCAC Implementation Review Mechanism.

I am also advised by An Garda Síochána that two separate investigations have been conducted by the Criminal Assets Bureau in relation to the Moriarty Tribunal as follows:

1. Investigation by Criminal Assets Bureau following referral of the final report of the Moriarty Tribunal by the Minister for Communications, Energy and Natural Resources to the Commissioner of An Garda Síochána in March 2011.

In March 2011, the Commissioner tasked the Criminal Assets Bureau with examining the report with a view to identifying any criminal offences that may require investigation by An Garda Síochána. The examination of the matter is continuing and a final report has not yet been completed.

2. Investigation by Criminal Assets Bureau in relation to alleged obstruction of the Moriarty Tribunal:

In July 2013 the Chairman of the Moriarty Tribunal made a complaint to the Garda Commissioner concerning alleged obstruction of the Tribunal. This matter was fully investigated by the Criminal Assets Bureau and an investigation file was submitted to the Office of the Director of Public Prosecutions, with directions received on 29 August 2017 that no prosecution was directed.

While I do of course appreciate public concern about these matters, the consideration of criminal investigations is clearly a matter for the Garda authorities, and the DPP to decide upon, independently, if any charges should be brought and I have no role in such matters.

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