The Dublin Green MEP, Ms Patricia McKenna, yesterday launched a blistering attack on Mr David Byrne's involvement in establishing the Moriarty tribunal at the hearing on his nomination.
Ms McKenna said Mr Byrne should have disqualified himself from involvement in the establishment of the tribunal because he had previously represented CRH. She alleged he had failed to inform all the Opposition leaders of Mr Justice Michael Moriarty's shareholding in CRH. He could not be trusted to defend consumers' interests against those of multinational businesses, she said.
The Greens believed CRH's purchase of the Glen Ding woods should have formed part of the terms of reference of the payments to politicians tribunal.
Ms McKenna further alleged three times to the hearing that Mr Justice Moriarty had sought the exclusion of the Glen Ding affair from the tribunal's remit.
Later, answering questions from journalists, Ms McKenna retracted the allegations against Mr Justice Moriarty, saying she had made them inadvertently in trying to summarise the affair. She had "complete confidence" in Mr Justice Moriarty, who acted completely correctly. Her view was simply that Mr Byrne should have chosen another judge so the tribunal could inquire into the Glen Ding sale.
And following Mr Byrne's detailed rebuttal and denial, Ms McKenna's Green Party colleague, Ms Nuala Ahern, said she "very much welcomed his comprehensive answer . . . It's clear that from your clarification your role was perfectly proper".
In his response, Mr Byrne said that had acted in the past for CRH, as well as, on one occasion, for an action group opposed to the Kill landfill dump. As a barrister he had no ongoing relationship with CRH, had no shares in the company, had had no discussions with it apart from matters directly relating to the issues on which he represented it, and had had no contact with it since his appointment as Attorney General.
As AG, when the issue arose in the Dail of whether the Glen Ding sale should be considered by the tribunal, Mr Byrne said he had made clear that he could not advise the Government because of his prior involvement representing the firm. There might be a perception of a conflict of interest.
A senior official from his office had advised that the decision was a political one. The Dail had then decided to exclude Glen Ding from the terms of the inquiry.
The following week, he said, he had asked Mr Justice Moriarty, "a man of very high integrity", to chair the tribunal. During their discussions Mr Justice Moriarty told him: "I have shareholdings in Cement Roadstoone. I know the issue isn't in the tribunal of inquiry, but I want you to know that, and would like you to tell the Government and the Opposition about it, just to make sure they are happy".
Mr Byrne said he had done so either personally or through others, and had received assurances that there was no objection.
Since the issue had come into the public domain the parties had again reiterated in front of the tribunal their confidence in Mr Justice Moriarty. Mr Byrne said the case was a concrete example for MEPs precisely of how he personally dealt with conflict of interest situations and would do so in future.
