The Government will await the interim report of the inquiry into Irish Bank Resolution Corporation (IBRC) sell-offs before it takes action on how to allow the investigation to continue.
Taoiseach Enda Kenny said his department had earlier in the day published online Mr Justice Brian Cregan’s reasons as to why he could not proceed with his investigation. His determinations were in relation to documents from the special liquidator and from the Department of Finance.
Mr Kenny will also publish the judge’s interim report which he hopes to receive next week.
The inquiry is investigating a number of sales including that of Siteserv to a company linked to businessman Denis O'Brien, with a debt write-off cost of €119 million to the taxpayer.
But Mr Justice Cregan, the chairman of the Commission of Inquiry, warned in a letter to the Taoiseach’s Department that the inquiry would face successful legal challenges if it attempted to use confidential banking information.
Current legislation
The Taoiseach told the Dáil the chairman had requested that the Government take no action until it received his report.
The Taoiseach said 12-14 inquiries had been conducted under the current legislation but “no judge in the past has equated confidentiality with privilege”.
Asked when he knew of the legal difficulties Mr Kenny said “I received a letter from Judge Cregan last Friday”
Fianna Fáil leader Micheál Martin repeatedly pressed Mr Kenny about when Government officials knew there were difficulties.
“Are you saying Government officials were not aware of this prior to this week?”
He said there had been an article in The Irish Times about legal issues, former IBRC chairman Alan Dukes had discussed it two months ago.
Write-offs
Mr Martin said the liquidator and Department of Finance were claiming privilege in write-offs involving the assets of the Irish people.
“Is it credible that the Attorney General did not flag the issue to the Cabinet in advance of the establishment of the commission?” he asked.
Sinn Féin leader Gerry Adams said the Government's assertion that it was unaware of legal difficulties was not credible and he accused the Taoiseach of stonewalling on the issue.
He claimed that since Mr Kenny had become Taoiseach “every time there has been a conflict between the elites and golden circles and citizens, you have taken the side of the elites and golden circles”.
Independent TD Catherine Murphy whose repeated questioning in the Dáil of the Siteserv sale led to the commission of inquiry, said “it appears that the balance of law falls on protecting individuals rather than the common good”.
