The Government is embroiled in a major row with Opposition parties over its decision to amend the Tribunals of Inquiry Act, 1921, to facilitate a change in the terms of reference of the planning tribunal.
The Cabinet has decided to rush through new legislation to amend the Act in general next week, before it removes 'June 20th, 1985' as the start-up date for the tribunal, as requested by its chairman, Mr Justice Flood.
Opposition attempts to have the Ansbacher accounts formally placed within the terms of the Moriarty tribunal, however, are still being resisted strenuously by the Government.
Amid heated exchanges yesterday, the Fine Gael leader, Mr John Bruton, and the Labour leader, Mr Ruairi Quinn, described the Government's decision to amend the primary legislation, rather than the terms of reference of the Flood inquiry, as 'monumental incompetence', 'legally dubious' and 'probably unconstitutional'.
Strongly rejecting these charges, the Taoiseach, Mr Ahern, told the Dail he was acting in accordance with the legal advice given to this and previous governments. 'Deputy Bruton had the same advice from Mr Dermot Gleeson when he was attorney general.'
Claiming that Mr Gleeson's position was being misrepresented, Mr Bruton said Mr Gleeson had never given such blanket advice. He had, in fact, specifically allowed for the McCracken and hepatitis C tribunals to report back on their terms of reference, thereby envisaging that they could be changed.
Meanwhile, the Minister for Justice, Mr O'Donoghue, will bring proposals to the Government next Tuesday to amend Section 1 (i) of the Tribunals of Inquiry Act, 1921.
The intention of the amendment is to allow the terms of a tribunal, having started, to be changed. The Government will proceed then to amend the terms of reference of the Flood inquiry so that issues before 1985, some of which may be relevant to issues after that year, can be investigated.
Pressed as to whether he would change the terms of reference of the Moriarty tribunal to allow the Ansbacher deposits to be investigated, the Taoiseach said he had had no requests from judges 'dealing with any other tribunals'.
The Ansbacher accounts were being investigated to death, Mr Ahern said. He said the only thing not published is a list of names. 'If no wrongdoing is found, they would not need to do that.'
Mr Bruton accused the Government of 'monumental incompetence', asserting that it was not possible to introduce legislation that had 'penal effects retrospectively'.
Mr Ahern responded that tribunals did not impose legal sanctions. He had read the advice received by this Government, the previous government and successive administrations. It was the same. It could not be done.
Mr Quinn, described the Government's move as legally dubious. The Flood tribunal had already been established under the old Act, and it was questionable if its operations could be affected by new legislation passed after it had been set up.
In his interim report to the Clerk of the Dail last week, the planning tribunal's chairman, Mr Justice Flood, pointed out that a number of matters which were said to have occurred before June 20th, 1985, had come to the attention of the tribunal.
The tribunal had been advised that it was admissible if and in so far as it was relevant to matters which occurred subsequent to that date.
The fact that such a date was specified in the terms of reference 'may give rise to a legal challenge which would inevitably delay the proceedings'.
