Judge Michael Moriarty: suggested sub-dividing the report in a letter to the Oireachtas

THE Moriarty tribunal has formally signalled its intention to publish a single final report, backing off its controversial suggestion last May that it might issue the report in two separate sections, released at different stages.


In recent correspondence to affected parties, the tribunal has said that as matters stand, it was Judge Michael Moriarty's preference "to publish a single final report".


However, it also warned it would be "impossible to rule out the possibility" that circumstances might arise which "in the public interest" might warrant "a deviation" from this.


For that reason, Judge Moriarty proposed "deferring the making of any final decision on the matter".


But the correspondence assured affected parties that if the judge did decide at some future date to sub-divide the report, they would be given sufficient notice.


The issue of sub-dividing the report was suggested by Moriarty in a letter to the Oireachtas in late May when he said he was considering an early report on the so-called 'money trail' involving former minister Michael Lowry, with the report on the investigation into the awarding of the second mobile phone licence coming at a later stage.


However, the suggestion met with a particularly cool response among the main political parties. Politicians, already frustrated at the cost and duration of the tribunal, were concerned that such a move would inevitably be legally challenged, further delaying its work.


A subsequent letter from the main party leaders to Moriarty did not refer to the suggestion of issuing two reports, stating simply that they were "naturally anxious that the tribunal's work would be completed as soon as possible consistent with its mandate". Party sources were quoted as saying they did not refer to the suggestion for fear that the expression of any view could end up being challenged in the courts.


However, following the recent correspondence it is clear, unless circumstances change, the tribunal is now aiming to publish just one report.


Even with that decision, informed sources believe it will be well into next year – at the earliest – before that report is published. There is still no date agreed for Michael Andersen – the Danish consultant who advised the government on the awarding of the second mobile phone licence in 1995/96 – to give evidence to the tribunal.


That is now unlikely to happen before October and there is speculation that Andersen's evidence will result in previous witnesses being recalled, further lengthening the duration of the tribunal.


Last weekend Fianna Fáil's Ned O'Keeffe called for the tribunal, which he branded "a farce", to be closed immediately.