The Mahon tribunal has issued a statement designed to reassure the public about the fairness of its procedures while appealing to witnesses not to leak confidential documents. Stephen Collinsand Harry McGeereport.
The move comes in the wake of criticism from the Taoiseach who said the tribunal had failed to act to stop the persistent disclosure of documentation relating to him.
"The tribunal believes that it is appropriate that the public should understand the reasons for the circulation of documents in advance of public hearings.
"Tribunals, including this tribunal, circulate documents to interested parties in advance of the calling of evidence," said the statement.
It added that this practice had always been followed by this tribunal, and was extended following the High and Supreme Court decisions relating to Owen O'Callaghan.
"The tribunal endeavours to restrict the number of parties to whom such documentation is circulated as far as legally permissible. This is to ensure, as far as possible, that parties who are not entitled to see particular documentation do not in fact see that material in advance of public hearings."
The tribunal said it was anxious that the public be reminded of the difficulties it had encountered since its inception as a result of the unauthorised disclosures.
It added that it had sought the assistance of the Garda and instituted proceedings in the courts to deal with leaks.
"The tribunal is, however, limited in the steps that it can take in investigating or preventing such unauthorised disclosure. The unauthorised disclosure of confidential information in advance of public hearings does not in any way assist the tribunal, and may act as a disincentive to parties coming forward with information relevant to the tribunal's inquiries.
"It may also be perceived by others as potentially damaging the reputation and integrity of the tribunal. Furthermore, in many instances, the unauthorised and premature disclosure of confidential information may have the potential to damage the reputation of individuals in circumstances where such individuals have yet to give evidence in public to the tribunal on issues relating to such information."
The tribunal emphasised that it would only make findings based upon the evidence given to it in public and that it expected to finish its public hearings later this year and then proceed to prepare its final report.
Fine Gael leader Enda Kenny will this morning make his most robust attack on Mr Ahern's evidence to the tribunal, the culmination of a concerted four-day targeting of all three Government parties.
Mr Kenny will deliver what his aides describe as a "comprehensive and significant" statement from his Castlebar home at 11am.
Few details have been released about its contents but it runs to 1,500 words and will be presented as the most direct attack since the Dáil motion of no confidence in the Taoiseach last September.
Mr Kenny will harshly criticise Mr Ahern's handling of his tax affairs and will also reserve scathing words for Cabinet colleagues, especially the six Fianna Fáil Ministers who publicly berated the planning tribunal's line of questioning of Mr Ahern in December.
On Wednesday, environment spokesman Phil Hogan claimed that Green Party leader John Gormley had flip-flopped on the issue. On Thursday, education spokesman Brian Hayes contended that Mary Hanafin's defence of Mr Ahern was disingenuous and confused.
Yesterday it was the turn of Dr James Reilly. The health spokesman lambasted Minister for Health Mary Harney and her party, the Progressive Democrats, for alleged indifference, asserting that the party was now irrelevant.
Dr Reilly recalled a speech she made after the resignation of Michael Lowry in 1996 in which she said that it was not good enough to say that he was co-operating with the Revenue Commissioners.
Said Dr Reilly: "Now she sits on her hands while government Ministers tell us that whether the Taoiseach paid his taxes or not is none of the public's business."
The Minister's spokesman said that far from being silent, Ms Harney, when asked about the Taoiseach's finances, had more than once spoken of her support for the tribunal in doing its work.