The Government's proposal to have the Flood tribunal investigate the latest revelations relating to Mr Ray Burke was passed by 68 votes to 64. Its amendment to the combined opposition's private member's motion welcomed the Government's intention to introduce, as a matter of urgency, legislation amending the Tribunals of Inquiry (Evidence) Acts so as to enable the Houses of the Oireachtas to resolve to change the terms of reference of a tribunal, subject to the consent of the sole member of the tribunal.
The amendment also welcomed "the Government's intention to seek, on the enactment of the necessary legislation, the consent of Mr Justice Flood to the amendment of the terms of reference of the tribunal, of which he is the sole member, to establish whether payments were made to Mr Raphael Burke, in circumstances giving rise to a reasonable inference that the motive for making the payments was connected with any ministerial office held by him or had the potential to influence the discharge of such office."
The Government was supported by the Independents, Mr Jackie Healy-Rae, Kerry South, Ms Mildred Fox, Wicklow, and Mr Harry Blaney, Donegal North-East. The combined opposition was supported by Mr Caoimhghin O Caolain (SF, Cavan-Monaghan) Mr Joe Higgins (Socialist Party, Dublin West) and Mr Thomas Gildea (Independent, Donegal South West).
The private member's motion called on the Government to immediately make time available for the passing of legislation to enable the terms of reference of the Flood or Moriarty Tribunals to be amended by the Dail "so that the policy decisions taken by Mr Burke when Minister for Justice, Communications, Industry and Commerce, and Energy between 1987 and 1992, can be investigated so as to ascertain whether any decision taken by Mr Burke or governments of which he was a member, could have been influenced in any way by payments he or the Fianna Fail party received in that period."