An attempt by two unidentified individuals to have an application against the Ansbacher inspectors heard in camera will be opposed by the Director of Corporate Enforcement, Mr Paul Appleby.
The case is due to be heard in the High Court on Monday. Yesterday, the Tánaiste, Ms Harney said that while the issue was a matter for the courts, she would be against such a hearing.
The two individuals are seeking the right to have an application they wish to make - to have their names kept out of the report of the inspectors investigating the Ansbacher deposits - heard behind closed doors.
"In my view, justice is administered in public," Ms Harney yesterday told The Irish Times. "There are ample precedents for this as we've seen, for example, with the Brigid McCole case."
The late Mrs McCole unsuccessfully applied to the courts in 1996 that she be allowed sue the Blood Transfusion Services Board without revealing her identity.
She wanted to sue the board for supplying her with infected blood products.
The court ruled that the law had to be administered in public. Following her failure on anonymity, Mrs McCole opted to disclose her identity.
The Constitution states that the law must be administered in public, save in cases prescribed by law. "It is a matter for the courts but I believe it is important that the facts in this case be put into the public domain," Ms Harney said.
Ms Harney also said she understood that the report by the inspectors was ready to be brought to court.
"I understand that the High Court inspectors have completed their report and, in the interests of natural justice, have made the findings in respect of certain individuals available to those individuals.
"In the normal course, the report would go to court very soon and it would be a matter for the court as to whether it be published or not. I do not envisage any circumstances in which the report would not be published." However, publication of the report could be delayed signficantly by the case now being taken.
If appealed to the Supreme Court, the case could delay publication of the report until late this year, well after the General Election. Ms Harney and the PDs are understood to be anxious that the report be published before the election.
The case is to be heard by Mr Justice McCracken, the High Court judge whose 1997 report into payments to Mr Charles Haughey and Mr Michael Lowry led to Ms Harney initiating inquiries into the Ansbacher deposits. Mr Eoin Fitzsimons SC is representing Mr Appleby, whose office has taken over Ms Harney's role in the matter.
The High Court inspectors were appointed in September 1999 and are understood to have discovered a significant number of account-holders over and above the 120 identified in an earlier confidential report commissioned by Ms Harney.
The deposits were set up by the late Mr Des Traynor, financial adviser to the former Taoiseach, Mr Haughey. The accountholders included some of the most prominent business figures in the State during the 1970s, 1980s and early 1990s, some of whom were supporters of Mr Haughey. A number of prominent figures associated with Fine Gael also had accounts.
