The following are the draft terms of reference for the new tribunal circulated by the Government last night:
That Dail Eireann resolves that it is expedient that a Tribunal be established under the Tribunals of Inquiry (Evidence) Act 1921, as adapted by or under subsequent enactments and the Tribunals of Inquiry (Evidence) (Amendment) Act, 1979, to inquire urgently into and report to the Clerk of the Dail and make such findings and recommendations as it sees fit, in relation to the following definite matters of urgent public importance.
1. The identification of the lands stated to be 726 acres in extent, referred to in the letter dated 8th June, 1989 from Mr Michael Bailey to Mr James Gogarty (reproduced in the schedule herewith) and the establishment of the beneficial ownership of the land since the 8th of June 1989 prior to their development.
2. The planning history of the lands including:
(a) their planning status in the Development Plan of the relevant local authority current at 8th June, 1989;
(b) the position with regard to the servicing of the lands for development as at the 8th June, 1989:
(c) changes made or proposed to be made to the 8th June, 1989, planning status of the lands by way of:
(i) proposals put forward by local authority officials pursuant to the review of Dublin County Development Plan 1983, or otherwise;
(ii) motions by elected members of the relevant local authorities proposing rezoning;
(iii) applications for planning permission (including any involving a material contravention of the Development Plan);
3. Whether the lands referred to in the letter dated 8th June, 1989, were the subject of the following:
(a) re-zoning resolutions;
(b) resolutions for material contravention of the relevant Dublin County Development Plan;
(c) applications for special tax designation status pursuant to the Finance Acts;
(e) changes made or requested to be made with regard to to the servicing of the lands for development;
(f) applications for the granting of building by-law approval in respect of buildings constructed on the land;
(g) applications for fire safety certificates;
on or after the 20th day of June 1985.
- And if so
(i) to ascertain the identity of any persons or companies (and if companies, the identity of the beneficial owners of such companies) who had a material involvement in the matters aforesaid;
(ii) to ascertain the identity of any members of the Oireachtas and/or members of the relevant local authorities who were involved directly or indirectly in any of the foregoing matters whether by the making of representations to the planning authority or to any person in the authority in a position to make relevant decisions or by the proposing of or by voting in favour or against or by abstaining from any such resolutions or by absenting themselves when such votes were taken or by attempting to influence in any manner whatsoever the outcome of any such applications;
(iii) to ascertain the identity of all local authority officials who considered, made recommendations or decisions on any such matters and to report on such considerations, recommendations and/or decisions;
(iv) to ascertain and report on the outcome of all such applications, resolutions and votes in relation to such applications in the relevant local authority;
4. Whether any of the persons or companies referred to in sub-paragraph 3 (i) above offered or made any payments to or conferred any benefits on any persons referred to at sub-paragraphs 3 (ii) and 3 (iii) above, and if so:
(a) whether any persons and/or companies making any such payments or conferring any such benefits were motivated by a desire to influence the outcome of any such applications, resolutions or changes referred to in paragraph 3 (a) - (g) above and the considerations, motives and surrounding circumstances therefore; (b) whether any of the persons referred to at sub-paragraphs 3 (ii) and 3 (iii) above were influenced by the offer or receipt of any such payments or benefits;
5. In the event that the Tribunal, in the course of its enquiries, is made aware of any acts of corruption in the operation of planning procedures, whether or not in relation to the lands identified in paragraph 1 above, it shall enquire into and report on such acts of corruption.
6. And that the Tribunal be requested to make recommendations in relation to such amendments to Planning, Local Government and Ethics in Public Office legislation as the Tribunal considers appropriate having regard to its findings.
"Payment" includes money and any benefit in kind and the payment to any person includes a payment to a connected person within the meaning of the Ethics in Public Office Act, 1995.
And that the Tribunal be requested to conduct its enquiries in the following manner, to the extent that it may do so consistent with the provisions of the Tribunals of Inquiry (Evidence) Acts, 1921 and 1979:
(i) to carry out such preliminary investigations in private as it thinks fit using all the powers conferred on it under the Acts, in order to determine whether sufficient evidence exists in relation to any of the matters referred to above to warrant proceeding to a full public enquiry in relation to such matters.
(ii) To enquire fully into all matters referred to above in relation to which such evidence may be found to exist, and to report to the Clerk of the Dail thereupon.
(iii) To seek discovery of all relevant documents, files and papers in the possession, power or procurement of said Mr Michael Bailey and Mr James Gogarty.
(iv) In relation to any matters where the Tribunal finds that there is insufficient evidence to warrant proceeding to a fully public enquiry, to report that fact to the Clerk of the Dail and to report in such a manner as the Tribunal thinks appropriate on the steps taken by the Tribunal to determine what evidence, if any, existed.
(v) To report on an interim basis not later than one month from the date of the establishment of the Tribunal or the tenth day of any oral hearing, whichever shall occur first, to the Clerk of the Dail on the following matters:
the numbers of parties then represented before the Tribunal;
the progress which has been made in the hearing and work of the Tribunal;
the likely duration (so far as that may be capable of being estimated at that time) of the Tribunal proceedings;
any other matters which the Tribunal believes should be drawn to the attention of the Clerk of the Dail at that stage (including any matter relating to the terms of reference);
And that the person or persons selected to conduct the Inquiry should be informed that it is the desire of House that -
(a) the Inquiry be completed in as economical a manner as possible and at the earliest date consistent with a fair examination of the matters referred to it, and, in respect to the matters referred to in paragraphs 1 to 4 above, if possible, not later than the 31st December 1997 and
(b) all costs incurred by reason of the failure of individuals to co-operate fully and expeditiously with the Inquiry should, so far as is consistent with the interests of justice, be borne by those individuals.
And that the Clerk of the Dail shall on receipt of any Report from the Tribunal arrange to have it laid before both Houses of the Oireachtas immediately on its receipt.
The Minister for the Environment