The terms of reference of the Flood tribunal are being widened significantly to allow any allegations, backed by evidence, against Mr Ray Burke to be fully investigated.
The amended terms, drawn up following consultations between the Attorney General, Mr David Byrne, and Mr Justice Flood, were presented to the Opposition parties last night. They will be considered by them over the weekend.
They will be rushed through the Dail next Thursday and the Seanad on Friday.
They allow for an extensive widening of the remit of the planning tribunal to enable it to investigate the motive for making and receiving payments improperly connected with any public office or position held by Mr Burke. The chairman can screen out allegations which have no evidence to back them at all or which may be frivolous or vexatious.
The move to change the terms of reference followed the disclosure that Rennicks Manufacturing Ltd, a subsidiary of Fitzwilton Plc, had made a £30,000 donation to Mr Burke in a cheque payable to cash during the 1989 general election campaign.
The first amendment of the terms will permit the tribunal to investigate "whether any substantial payments were made or benefits provided, directly or indirectly, to Mr Raphael Burke between 1st of January, 1973, and the date of this resolution which may, in the opinion of the sole member of the tribunal, amount to corruption or involve attempts to influence or compromise the disinterested performance of public duties or were made or provided in circumstances which may give rise to a reasonable inference that the motive for making or receiving such payments was improperly connected with any public office or position held by Mr Raphael Burke, whether as Minister, Minister of State, elected representative or otherwise."
The second amendment states: "Whether, in return for or in connection with such payments or benefits, Mr Raphael Burke did any act or made any decision while holding any such public office or position which was intended to confer any benefit on any person or entity making a payment or providing a benefit referred to in paragraph 1 above, or any other person or entity, or procured or directed any other person to do such an act or make such a decision."
A third amendment, sought by Mr Justice Flood in his interim report last February, will delete the date of June 20th, 1985, from one of the terms of reference.
Mr Justice Flood, in seeking the deletion, said a number of matters which were said to have occurred before June 20th, 1985, had come to the attention of the tribunal. The tribunal was advised that evidence in relation to such matters was admissible if and in so far as it was relevant to matters which occurred subsequent to June 20th, 1985.
The deletion of the date was sought by Mr Justice Flood for fear that it could give rise to a legal challenge which would delay the tribunal.
