Readers could have been forgiven for being startled by yesterday’s news that a file has been sent by the Garda to the Director of Public Prosecutions. Not because of the mundane and everyday nature of the action itself but because the file in question, assembled by the Criminal Assets Bureau, relates to the final findings of the Moriarty tribunal inquiring into payments to politicians, which were referred to the Garda almost 14 years ago.
In 2011 the tribunal concluded that in 1996 Michael Lowry, as Fine Gael minister for transport, energy and communications, had “secured the winning” of the State’s second mobile phone licence for Denis O’Brien’s company, Esat Digifone. It also found that Lowry was given money by O’Brien, with the payments “demonstrably referable” to his winning of the licence. These findings remain disputed by Lowry and O’Brien.
The Moriarty tribunal itself has been back in the news due to Lowry’s leadership role in the Regional Independents group of TDs which seems best placed to provide the necessary support for Fianna Fáil and Fine Gael to form the next government. The leaders of those two parties have been criticised for their willingness to do business with the Tipperary TD, despite having both accepted the tribunal’s findings when they were presented to the Dáil 14 years ago. Pragmatic realpolitik and the passage of time, they argue, explains why they are now happy to negotiate with a man who they once called on to resign his seat.
It is true that 14 years is a long time in politics. But it is also an extraordinary length of time for a criminal investigation, no matter how complex. In this instance it comes on top of the 15 years that had elapsed between the matter under investigation and the tribunal delivering its conclusions. No matter what one’s view on the substantive issue, the failure by the legislative and investigative apparatus of the State to conduct its affairs in an efficient and timely manner should be a cause for dismay. It contravenes a principle of natural justice. And it can only add to the distrust and cynicism which are corroding trust in institutions.