Mr Justice Moriarty has said any ad-hoc ruling at this stage on whether he should investigate matters concerning Cement Roadstone Holdings would be "precipitate and wrong". He was responding to a submission from Mr Frank Clarke SC, counsel for the public interest, who said it was appropriate for the chairman to investigate any issue which fell "within the four walls of the terms of reference given." Mr Clarke confirmed the Attorney General had contacted the party leaders this week to ascertain their views on whether the chairman should investigate matters concerning CRH.
This contact was made in the context of a Labour Party resolution currently before the Dail.
The party leaders instructed the AG that the chairman should proceed with any inquiry within the terms of reference. Mr Clarke said he was further instructed by the AG that the chairman should proceed as far as was lawful and that there were no constraints on him.
Reserving judgment, Mr Justice Moriarty said it would be wrong of him to indicate or imply at this stage that the tribunal in the course of its confidential dealings "either had or had not what might be appear to be justifiable grounds for investigation in relation to any of the matters covered under that general nexus." There were parties which would have to be given notice "and an opportunity to be heard before any ruling were to be made on that aspect".
Mr Clarke said the AG had initiated contact with the chairman in regard to the matter. In the context of the Labour Party motion, the AG was asked to tender certain legal advice and felt it appropriate to contact the chairman to ascertain the course of action which was proposed in the resolution, in so far as it concerned him. "Such contact as occurred was on the initiation of the Attorney General himself," contrary to the impression given in a newspaper article.
Mr Justice Moriarty confirmed this was the case. "Apart from that telephone conversation with Mr McDowell and a further telephone conversation, which I stress was not initiated by me but was made to me by Mr McDowell arising out of yesterday's national publication, I have had no dealings whatsoever with any leader of any political party and I am at an absolute loss to understand how any journalist contrived to record that I was canvassing leaders of political parties."
