Mr John Bruton accepts that Mr Justice Moriarty disclosed his shareholding in CRH before his appointment as sole member of the Payments to Politicians Tribunal, the tribunal was told yesterday.
Counsel for Mr Bruton, Mr Charles Meenan SC, said the Fine Gael leader's inquiries had established that Mr Justice Moriarty's "sizeable" shareholding was communicated by the Attorney General to senior counsel acting for Fine Gael before the judge was appointed.
Mr Meenan said the issue had been raised with Fine Gael on Monday. Since the issue had first arisen, Mr Bruton had undertaken "inquiries and consultations . . . concerning the factual position". In the course of these, counsel for Fine Gael had informed the party leader that the fact of Mr Justice Moriarty's shareholding had been communicated to him.
"Mr Bruton accepts therefore that the chairman took steps to ensure that the relevant information was disclosed to political parties prior to his appointment by the Government," Mr Meenan said.
"Mr Bruton has already said in the Dail last week that he accepted the Attorney General's word that the Attorney General had taken steps to inform Fine Gael of the chairman's shares. Mr Bruton is happy to reaffirm his continued confidence in the chairman and his belief that the chairman has acted with propriety and integrity." Counsel for the public interest, Mr Frank Clarke SC, said he could confirm on behalf of the Attorney General that the statement given on behalf of Mr Bruton "conforms with the Attorney's recollection of events".
He said there was "a clear and pressing public interest in the tribunal being permitted to continue its important work with efficiency and to bring its business to a speedy conclusion subject to the requirements of fairness".
It was necessary "that there be public confidence in the public interest in a tribunal in that its whole purpose is to allay such public fears as may have arisen and may have given rise to the inquiry in the first place". The tribunal was "required initially to identify a money trail and then to identify whether the donors of that money trail may or may not have gained some benefit in public dealings". The trail went "wherever the tribunal finds it to go and therefore it is an inevitable possibility if we do not know where the trail will lead that it will lead into places that whoever may be conducting the tribunal may find themselves in an unforeseen difficulty", Mr Clarke said. It was important to allay any public concern there might be. Some initial discussions had taken place with the tribunal's team "to attempt to identify the sort of mechanisms that could be put in place should it arise that issues within the terms of reference might not be able to be inquired into in a proper fashion by the sole member because of any conflict".
Mr Justice Moriarty said he was appreciative and happy that "eminent national figures of high standing have acted most honourably and promptly to resolve any doubtless bona fide misunderstandings that may have arisen in regard to this aspect". This was particularly important as the tribunal moved on to further and potentially important parts of its public duty to conduct hearings.
After hearing evidence from two AIB witnesses and a client of Mr Michael Lowry's refrigeration business, the tribunal adjourned early. It will sit again in public tomorrow.
