Tanaiste could consider prosecutions on Ansbacher

Prosecutions in relation to the Ansbacher accounts are now a serious legal option for the Tanaiste, Ms Harney, if information…

Prosecutions in relation to the Ansbacher accounts are now a serious legal option for the Tanaiste, Ms Harney, if information uncovered by her investigation shows breaches of company law.

The Tanaiste can bring a summary prosecution on her own behalf in relation to any alleged breaches of company law.

She could also decide to forward details to the Director of Public Prosecutions, the Revenue Commissioners or the Central Bank.

Meanwhile, late yesterday the Minister for Finance, Mr McCreevy, said he had forwarded further information received on the accounts from the Central Bank to the DPP, Mr Eamonn Barnes, who will decide if charges should be preferred on the basis of the bank's findings on exchange control rules.

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The investigation of the Ansbacher accounts by the Tanaiste's authorised officer, Mr Gerard Ryan, will receive a boost today when Irish Intercontinental Bank, one of the banks in which the accounts were held, will indicate that it will provide the required information to him.

A High Court hearing of a judicial review requested by the bank of the Minister's power to seek such information, due today, is not now expected to go ahead.

The officer has already received information from Guinness & Mahon, the other bank where the deposits were held.

Any information uncovered can be forwarded to the DPP or the Revenue Commissioners. However, if Ms Harney decided to initiate a summary prosecution due to any alleged breaches of company law, then many of the details of the accounts would be made public in court.

Separately, Mr McCreevy said he had forwarded further information received from the Central Bank for consideration to the DPP, Ms Harney's authorised officer and the Moriarty Tribunal.

Geraldine Kennedy, Political Correspondent, adds:

Opposition leaders will seek to change the terms of reference of the Moriarty Tribunal next Wednesday to permit the naming of individual Ansbacher accountholders if they have broken the laws of the State.

A Private Member's motion will call on the tribunal to inquire into, and report on, the circumstances, considerations and motives relating to the creation, beneficial ownership and management of the Ansbacher accounts for the purpose of investigating and reporting as to whether there has been any evasion of tax or exchange control law, or other illegal activity relating to the deposits.

The motion, tabled by Fine Gael, is signed by Mr John Bruton, Mr Ruairi Quinn, Mr Proinsias De Rossa and Mr Trevor Sargent. Opposition sources expect it to be debated on the resumption of the Dail next Wednesday.

The Opposition leaders are also requesting the tribunal to examine in public hearings, if it so decided, any account holders or beneficial owners of Ansbacher accounts "where there is evidence that there may have been evasion of tax, contravention of exchange controls or other illegal activity associated with these accounts".

Analysis: page 7

Cliff Taylor

Cliff Taylor

Cliff Taylor is an Irish Times writer and Managing Editor