THE EUROPEAN Commission has said it will decide whether to take action against former commissioner Pádraig Flynn over the Mahon report once the outcome of a Criminal Assets Bureau (Cab) examination of the report is known.
Labour MEP Nessa Childers has called on the commission to stop Mr Flynn’s European pension in light of the planning tribunal report last month.
The report found that Mr Flynn “wrongfully and corruptly sought a substantial donation” from developer Tom Gilmartin for Fianna Fáil and went on to utilise the £50,000 he received for his personal benefit. The tribunal also found he gave “astounding, incredible and untrue” evidence to it.
In a letter last night to Ms Childers, commission vice-president for administration Maroš Šefcovic expressed disquiet about the findings, but said the EU executive would await the outcome of the referral to Cab before taking any decision.
“I can assure you that the result of the proceedings of the Cab will play an important element to be taken into account by the commission as to whether action under Article 245 should be taken in due course,” he wrote.
“The findings of the tribunal indeed appear at first sight to be a matter of serious concern and I fully understand that there is widespread anger among Irish citizens,” Mr Šefcovic wrote.
Citing Ms Childers’s request to him “to put an end to the pension Mr Flynn receives”, the commissioner said he had received several emails and letters about the report from concerned citizens.
Mr Šefcovic said article 245 of the treaty empowers the European Court of Justice to stop a pension if a former commissioner fails to behave with integrity and discretion as regards the acceptance – after ceasing to hold office – of certain appointments or benefits.
The court is empowered to take such action on the application of the commission or the application of a simple majority of member states.
“The commission’s understanding is that the findings of the Mahon tribunal have been referred to the Criminal Assets Bureau and do not represent the verdict of a court after due process,” Mr Šefcovic wrote.
Ms Childers welcomed the commissioner’s letter. “Pádraig Flynn has disgraced Ireland’s good name in Europe,” she said. “He should no longer receive his sizable pension from the European Commission. He was found to have taken corrupt payments before he was commissioner, falsified documents while he was a commissioner, and made false statements to the tribunal after he was commissioner.”
