Opposition parties seem intent on pressing for the Minister for Foreign Affairs, Mr Burke, to relinquish his position pending the outcome of a new tribunal of inquiry. The tribunal - on the planning history of 726 acres of land in north Co Dublin - was announced yesterday by the Taoiseach, Mr Ahern. It was a dramatic reversal of his previous stance that the payment to Mr Burke of £30,000 in June 1989 by a building firm should not be the subject of an investigation.
Opposition parties last night welcomed the decision, but accused Mr Ahern of a U-turn. The Cabinet will tomorrow discuss the tribunal's terms of reference. The Taoiseach said yesterday that he wanted it to complete its work quickly.
There was speculation last night that it could be established by the end of this week and could complete its work by Christmas.
Mr Ahern said the tribunal would examine the planning history of the 726 acres of land detailed in a letter from Mr Michael Bailey of Bovale Developments to Mr James Gogarty of Joseph Murphy Structural Engineering Ltd, in June 1989.
In that letter Mr Bailey suggested he could procure planning permission and rezoning. Three days later both men visited Mr Burke's home and Mr Gogarty gave Mr Burke £30,000.
Yesterday the Sunday Business Post reported that Mr Burke had been given a schedule of the lands for which Mr Bailey had proposed seeking rezoning and planning permission. In his Dail statement two weeks ago, however, Mr Burke had said that nothing of this nature was discussed at the June 1989 meeting, and he said that Mr Bailey backed up this assertion.
Mr Ahern's decision means that within weeks Mr Burke, Mr Bailey and Mr Gogarty are likely to give sworn oral evidence as to exactly what transpired at that meeting and the circumstances surrounding it. Counsel for each witness will be able to cross-examine the others.
The new tribunal may run in parallel with the Moriarty tribunal, which was established by the Oireachtas earlier this month to investigate decisions made by Mr Charles Haughey and Mr Michael Lowry when they were in office.
It has emerged that the Garda has again asked Mr Gogarty to sign a statement detailing allegations he has made concerning Mr Burke and other matters. The Garda is understood to have written to Mr Gogarty last week asking him to sign, which he has so far refused to do.
Mr Ahern said yesterday the terms of reference were yet to be finalised. But he believed the tribunal should identify who made applications for rezoning and planning permission relating to the lands mentioned in the letter from Mr Bailey to Mr Gogarty.
It should ascertain "what politicians, including members of local authorities, were associated in any way with such applications whether by sponsoring or voting for or against such applications. What local authority officials were involved" and what recommendations they made on such applications.
It should also examine whether any of those who applied for rezoning or planning permission "made or offered payments or benefits to politicians or public officials, and if they did what is the motive of the donor."
Mr Ahern dismissed suggestions that Mr Burke should "stand aside" from his position as Minister for Foreign Affairs pending the outcome of the tribunal. It "should not affect Ray Burke in any way," he maintained.
"He is doing an extremely good job. In the three months since he took over we have had an IRA ceasefire, we have got into comprehensive talks, this week he had meetings in the UN, he was with President Clinton.
"There is no reason for him to have to step aside . . . in no way I think would he have any influence over what the work of this would be."
However, a Fine Gael spokesman said his party had doubts over whether Mr Burke could carry out his duties as Minister for Foreign Affairs while at the same time being "at least in part the subject of a tribunal of inquiry . . . The Taoiseach has to exercise his judgement on this but we don't think Mr Burke can do both."
Fine Gael is likely to raise the issue with Mr Ahern when the Dail resumes tomorrow.
A Labour spokesman said that whether Mr Burke stands aside was "a matter for the Taoiseach," while the Green Party TD, Mr John Gormley, said the decision that Mr Burke should remain during the inquiry was "incomprehensible."
Neither Mr Burke nor Mr Gogarty was available for comment last night.