An Oireachtas inquiry into the awarding of the second mobile telephone licence to Esat Digifone is set to begin in a fortnight, following the Moriarty tribunal's decision not to object.
Last week, the Oireachtas Committee on Public Enterprise and Transport decided to invite past and present senior figures in the Department of Public Enterprise to explain their roles in the 1995 licence contest. However, the invitations were issued subject to the TDs and senators being sure they could inquire into the controversial decision without interfering with the work of Mr Justice Moriarty
On Friday, lawyers for the Moriarty tribunal contacted the newly-appointed Parliamentary Legal Adviser, Ms Lia Hegarty, to indicate there would be "no overlap".
The former minister for communications, Mr Michael Lowry, wrote yesterday to the chairman, Mr Sean Doherty, to demand the right to be allowed to appear before the committee.
The tribunal's decision meant the way "is now clear" for the officials to come before the committee for a preliminary hearing "in a fortnight", said Fine Gael TD Mr Jim Higgins.
Those invited include the former secretary of the Department of Public Enterprise, Mr John Loughrey, the current head, Mr Brendan Tuohy, and the officials who handled the licence applications.
If the preliminary hearing produces results, the committee will seek full powers from the Dail to hold a sworn inquiry and call a wider list of witnesses, including Mr Denis O'Brien, Mr Higgins said.
The committee is following the example it set in the inquiry into a CIE signalling system contract that has spiralled out of control. Originally expected to cost £15 million, the work could now cost £42 million to complete. The committee decided last week to hold a full sworn inquiry. This will be only the second time witnesses have appeared under oath before members of the Oireachtas.
Regarding Mr O'Brien being asked to appear before the committee's Esat inquiry, Mr Higgins said: "We are not going to exclude anybody. Fine Gael would be in favour of inviting everybody who was involved in the awarding of the licence."
In his letter to Mr Doherty, Mr Lowry welcomed the committee's examination of the issue, but noted: "I am not included on the list of agents or individuals to be invited to give evidence. I find this unacceptable and now formally request an opportunity to make a statement.
I will outline my function, role, observations, and detail the manner in which I discharged my duties as the then minister for communications with responsibility for conducting and implementing Government policy in respect of this licence."
