A DAIL committee has found that the contravention of the Ethics Act by Kerry North Fianna Fail TD Mr Denis Foley was of a "serious nature". He is to be suspended from the Dail for 14 working days on full pay.
Mr Foley admitted to the Members' Interests Committee that he breached Section 7 of the Act by not declaring he had an Ansbacher account when he voted on an amendment in the Dail in September 1997, seeking to alter the terms of a motion to set up the Moriarty tribunal.
The committee's 30-page report, published yesterday, concluded that the contravention was committed through negligence. A resolution to put the suspension into effect is to be put to the Dail next Tuesday. Mr Foley still has the use of his Dail office.
The committee said Mr Foley should have been aware of the nature and effect of the Dail motion to set up the Moriarty tribunal. "Deputy Foley denied that he was so aware. However, in failing to apprise himself of these matters, Deputy Foley was negligent," the report stated.
It said no reasonable person aware of the facts known to Mr Foley through newspaper coverage could have doubted or disbelieved that he had an Ansbacher account. Mr Foley should have been familiar with his obligations under the Ethics Act, as guidelines on the Act had been published seven months before the breach.
The committee also said Mr Foley could have benefited from the outcome of the vote, in that he might have avoided investigation by the Moriarty tribunal and examination by the Revenue Commissioners of his monies held offshore.
"The potential benefit to Deputy Foley as a consequence of his contravention was of such significance that the contravention cannot be regarded as minor."
The committee said the TD failed to make the case that he acted in good faith and in the belief that his action was in accordance with guidelines.
Mr Foley told the committee he did not know for certain that his money was in an Ansbacher account in September 1997. But he agreed he ought to have assumed that it was, knowing facts about Mr Des Traynor, Mr Padraig Collery and Mr John Furze which emerged at the McCracken tribunal.
Mr Donal O'Donnell SC said Mr Foley always accepted he was wrong and had made mistakes connected to this matter. "He did not know for certain that he was an Ansbacher holder; anyone in that situation would be hoping against hope."
In recommending Mr Foley's suspension for 14 sitting days of the Dail, the committee, chaired by Fianna Fail TD Mr Tony Killeen, said it took into account that Mr Foley co-operated fully and did not seek to prolong or obstruct the investigation.