Labour has accused the Government of contradicting its own argument against publication of the Ansbacher report by introducing retrospective legislation despite having argued that this could not be done.
The party's enterprise and employment spokesman, Mr Pat Rabbitte, claimed last night that the Government had performed "an astonishing U-turn on the position it argued just weeks ago, that the law could not be changed retrospectively to allow for the publication of the report of the authorised officer into the Ansbacher accounts".
He said that when the Labour Party had proposed amending the Companies Act 1990 to allow the report to be laid before the Dail, "a series of Government spokespersons argued that the law could not be changed retrospectively. The Government Chief Whip, Mr Seamus Brennan, argued this case with particular vigour and specifically told the RTE Morning Ireland programme on September 27th that the Government could not legislate retrospectively."
Yet, he said, the Minister for Enterprise, Trade and Employment, Ms Harney, had now tabled an amendment for the Report Stage of the Companies (Amendment) (No2) Bill, currently before the Dail, which sought to extend significantly the range of bodies and individuals to whom information obtained by an authorised officer might be given.
"In an astonishing U-turn the Government amendment seeks to apply this to the findings of any authorised officer, whether made `before or after the commencement' of the section.
"In other words, the law is being changed with retrospective effect, despite the Government insistence, only weeks ago, that this could not be done," said Mr Rabbitte. It was now clear that the only obstacle to changing the law to allow the findings of the authorised officer to be laid before the Dail was "the lack of political will on the part of Fianna Fail to do so".
The relevant officials of the Department of Enterprise, Trade and Employment could not be contacted for comment last night.