The Fine Gael and Labour leaders want extensive amendments to the Government's draft terms of reference for the new tribunal of inquiry into payments to politicians. Mr John Bruton and Mr Dick Spring informed the Taoiseach, Mr Ahern, yesterday that the agreement of revised terms were conditional on the Minister for Foreign Affairs, Mr Burke, making a statement to the Dail next Wednesday detailing the circumstances surrounding the receipt of £30,000 from a builder in 1989.
They are keeping open the prospect of Mr Burke's donation being referred to the new inquiry if his explanation is unsatisfactory.
Mr Ahern will consult the Democratic Left leader, Mr Proinsias De Rossa, at a meeting today.
In the written terms provided to opposition leaders yesterday, the Government proposes that the second tribunal should investigate the £38 million Ansbacher Deposits and whether substantial payment was made to Mr Charles Haughey or Mr Michael Lowry in circumstances giving rise to a reasonable inference that the motive for the payment was connected with any ministerial office.
After meeting the Taoiseach, Mr Bruton said the Dail's priority next week was to hear from Mr Burke and deal with the £30,000 payment. The tribunal's terms of reference could be considered properly only after they had heard that statement, and Mr Burke had been questioned on it, and they had decided what procedures, if any, should be pursued.
On the remit of the new tribunal, Mr Bruton welcomed the fact that his suggestion that the money trail should be followed, had been accepted. But he was not happy with precise wording which seemed to focus on particular transactions rather than on Mr Haughey's lifestyle.
He believed the Revenue Commissioners' handling of the issue still needed to be included in the tribunal.
In a letter to Mr Ahern last night, Mr Spring said he believed the terms were unnecessarily restrictive. He was particularly concerned, he said, that they seemed virtually to oblige the tribunal to limit its inquiries into certain types of funding and to establish "cause and effect" between funding and political behaviour, before proceeding.
It was also essential to recognise, Mr Spring said, that public concern about this matter arose primarily from a series of decisions made during Mr Haughey's term of office "which in some cases involved persons who are still in Government".
Mr Spring told the Taoiseach that the absence of any reference to public concern over payments to Mr Burke appeared to render the exercise pointless. He could not agree that a willingness to address the Dail would necessarily preclude the inclusion of legitimate questions relating to the Minister in the tribunal's terms of reference.
Mr Ahern is expected to refer any changes in the terms of reference, and the question of Mr Burke making a Dail statement, to next Tuesday's Cabinet meeting.
