The Minister for Public Enterprise has declined to comment on the issuing of the second mobile phone licence to Esat Digifone. This is because the Moriarty tribunal's solicitor has informed her Department that the investigative phase of the tribunal's work is "conducted on a confidential basis".

Ms O'Rourke told the Dail that it was "bizarre that 3 1/2 years later I am asked to give a general absolution in some form to an undertaking started by the previous rainbow coalition".

Fine Gael's public enterprise spokesman, Mr Jim Higgins, had raised the issue and accused the Minister of hiding behind the Moriarty tribunal. He said she was not prohibited from answering straightforward questions in relation to the technical details within her Department.

He said the Moriarty tribunal did not exist when the licence was issued.

"It is patently obvious that there is an agenda at play here to put major question marks over the awarding of the licence when in fact the entire matter was handled in a propitious, fair, equitable and above-board manner."

Ms O'Rourke replied that the "independent Moriarty tribunal would be very interested in the tenor and tone of the deputy's suggestion that I am hiding behind an issue about which I did not make a decision".

She suggested that Mr Higgins was "overcome by amnesia" because it was "the then minister, Deputy Lowry, who awarded the licence".

Mr Higgins had asked if the Minister was aware that a joint committee of the Oireachtas had received a communication from the tribunal and no impediment had been placed in the way of the investigating committee.

The Minister said she would not answer such questions.