Government told it can meet Haughey challenge to tribunal

The Government has been advised it can meet the legal challenge posed by former Taoiseach, Mr Charles Haughey, to the right of the Moriarty Tribunal to investigate his financial affairs and those of members of his family.

But, the Labour Party leader, Mr Ruairi Quinn, has called for consultation between all party leaders on the manner in which they will defend "the valid exercise of the statutory and constitutional powers of the Houses of the Oireachtas to establish tribunals of inquiry in general and this tribunal in particular".

Mr Quinn expressed his "serious concern" at the challenge by members of the Haughey family to the validity of the resolutions setting up the Moriarty Tribunal and of the Tribunals of Inquiry Acts.

He pointed out the courts were now being asked to strike down as unconstitutional legislation which had been endorsed by the people just a few weeks ago in the Cabinet confidentiality referendum.

That amendment specifically referred to - and approved - the existing power of the Oireachtas to establish judicial tribunals.

Mr Quinn was also critical of the move to sue the clerks of the Dail and Seanad as respondents in the legal proceedings.

Mr Quinn said he would be seeking to have the challenge raised before the Committees on Procedure and Privileges at the earliest opportunity to ensure that the interests of every elected representative were safeguarded in defending these proceedings.

The Green Party TD, Mr John Gormley, said that he found it an insult to the electorate that Mr Haughey should challenge the Moriarty Tribunal on the last day of the Dail term.

"I accept that Mr Haughey has a right to challenge the Moriarty Tribunal's right to investigate his financial affairs and those of his family, Mr Gormley said. "However, I despise the way in which Mr Haughey waited until the very last minute to launch his challenge, thereby crippling democratic proceedings until the Dail resumes in late January at least."

It would have been more honourable for Mr Haughey to present his case while the Dail was in session "so that the elected representatives who order the Moriarty Tribunal could at least discuss and debate the challenge".