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Mahon Tribunal

The Tribunal of Inquiry into Certain Planning Matters and Payments,[1] commonly known as the Mahon Tribunal after the name of its last chairman, was a public inquiry in Ireland established by Dáil Éireann in 1997 to investigate allegations of corrupt payments to politicians regarding political decisions.[2] It mostly investigated planning permissions and land rezoning issues in the 1990s in the Dublin County Council area. Judge Alan Mahon was the final chair of the tribunal and its other members were Judge Mary Faherty and Judge Gerald Keys. The original chairman, who was the sole member until just before his retirement, was Judge Feargus Flood, giving rise to the original common name of the Flood Tribunal.[3]

Date

4 November 1997 (1997-11-04) – 22 March 2012 (2012-03-22)

Tribunal of Inquiry into Certain Planning Matters and Payments
Flood Tribunal

Using investigations to collect evidence and public hearings with witnesses, it investigated allegations made in the media prior to its establishment and allegations subsequently made to the tribunal itself. The tribunal ran from November 1997 to March 2012 and was the longest running and most expensive public inquiry held in the Republic of Ireland,[4] with costs forecast to reach between €250 million and €300 million.[2] Public hearings concluded in September 2008, and following several delays due to legal challenges, the tribunal began preparing its final report.[5] It published four interim reports, and the final report was published on 22 March 2012.[6] On 2 April 2008, then-Taoiseach Bertie Ahern resigned due to continuing controversy over the payments.

Background[edit]

Loughlinstown[edit]

Loughlinstown was, prior to 1990 a scenic area directly south of Dublin city on the Wexford road, site of the first dual carriageway in Ireland. In 1991, an intensive IR£800,000 public relations (PR) campaign to generate local support for the rezoning of hundreds of acres in Loughlinstown and nearby Cabinteely was spearheaded by public relations consultant and sports broadcaster Bill O'Herlihy and later by PR consultant and former political secretary Frank Dunlop. Some councillors firmly resisted the rezoning, supposedly concerned about the commercial and social welfare of nearby Dún Laoghaire but are alleged to have ensured that there was sufficient support from colleagues whose political bases were elsewhere. The rezoning was approved.


Fianna Fáil politician Liam Lawlor was presented at a public meeting concerning nearby Cherrywood as his party's "planning expert".

£10,000 reward[edit]

There had long been speculation about the extent of corruption underlying these planning decisions, and there had been several Gardaí inquiries in the 1980s and 1990s but these failed to uncover evidence.


Michael Smith, later to become chairman of environmental body An Taisce and barrister Colm Mac Eochaidh, later a Fine Gael candidate in Dublin South-East in the 2002 general election now a High Court Judge, in 1995 co-sponsored a £10,000 reward[7] for information leading to convictions for planning corruption.


James Gogarty, a retired employee of construction firm JSME, responded with information about payments to Ray Burke, a government minister and former Chairman of Dublin County Council.

Establishment[edit]

During the formation of the new Ahern Government in June 1997, questions about the suitability of the appointment of Burke as a minister were raised. Ahern asked Dermot Ahern to investigate, and defended Burke, saying "I've looked up every tree in North Dublin". Burke was appointed to the Government but resigned in September following further public revelations and questions. This increased pressure on the Government to investigate. The tribunal was formally established on 4 November 1997 to investigate the Gogarty allegations, and also any acts related to planning processes which might have involved corruption.


The terms dictated that the Tribunal would enquire into payments to Ray Burke in the course of his long political career and examine the decisions he had made in broadcasting as well as in planning.


The government had just months earlier also established the separate Moriarty Tribunal to investigate payments to politicians Charles Haughey and Michael Lowry.

The Carrickmines I Module / Jackson Way, 20 November 2002 – 16 December 2003

The Fox and Mahoney Module, 24 October 2003 – 4 December 2003

The St Gerard's Module, 24 October 2003 – 4 December 2003

Bray

The Carrickmines II Module and related issues 20 January 2004 – 13 February 2004

The Carrickmines II Module, Phase 2, Coolamber lands – witness examination pending

The Arlington / Quarryvale I Module, 3 March 2004 – July 2004

The Quarryvale II Module (hearings adjourned until further notice pending outcome of High Court application)

The Cherrywood Module, May 2006 – ?

The Walls'/Kinsealy Module, July 2006

The Lissenhall Module, September 2006

The alleged payment of £10,000 in cash by to councillors in respect of the rezoning of land at Cargobridge, close to Dublin Airport, 19 September 2006.[9] The rezoning proposal, for industry and air freight warehousing, was passed by a 51–0 in March 1993 despite strong opposition from Aer Rianta.

Frank Dunlop

The Tribunal has organised its investigations into discrete modules:[8]

Burke did not purchase his home, Briargate, in 1973 as a normal commercial transaction but a benefit conferred to ensure that Burke would act in the best interests of Oakpark Developments when performing his public duties.

Burke opened and maintained accounts in the Isle of Man for the purpose of receiving and concealing corrupt payments.

offshore bank

Burke received a corrupt payment of £35,000 on 26 May 1989 in connection with the granting of a broadcasting license to .

Century Radio

The payment to Burke on 15 June 1989 which James Gogarty witnessed was not a political donation but was paid to secure Burke's political support and was a corrupt payment

Outcomes[edit]

Corruption findings against councillors[edit]

Findings of corruption were made against 11 councillors, due to court proceedings only 6 were named Fianna Fáil's Pat Dunne (Deceased), Finbarr Hanrahan, Cyril Gallagher and G. V. Wright, Fine Gael's Tom Hand, Labour's John O'Halloran.[16]

Prison sentences[edit]

George Redmond and Ray Burke have served prison sentences for tax evasion. Liam Lawlor has served three prison sentences for non-co-operation.

Tax yields[edit]

The Tribunal had cost the State €21 million by 2002 but €34.5 million was recovered by the Revenue Commissioners and the Criminal Assets Bureau.


The Bailey brothers and their company, Bovale Developments reached a settlement with the Revenue Commissioners in respect of PAYE, PRSI, Corporation Tax and Income Tax in 2006.

Jackson Way assets[edit]

The Criminal Assets Bureau successfully obtained a High Court order on 26 July 2006 freezing land assets of 107 acres (0.43 km2) at Carrickmines, County Dublin owned by Jackson Way Properties Ltd and preventing their sale.[17] CAB contended that these lands had been rezoned by a 13–11 vote on 16 December 1997 by Dún Laoghaire–Rathdown County Council from agricultural to industrial after Frank Dunlop bribed and made corrupt payments to councillors to secure their support in the rezoning vote. That vote, for example, increased the value of just 17 acres (69,000 m2) of the property from €8 million to €61 million. CAB interviewed and took statements from Frank Dunlop with the intention of using him as a witness against a number of property developers.


The lands in question were the subject of investigation by the Tribunal in 2003 and 2004.

Reports and findings[edit]

The inquiry published four interim reports, confirming corruption in the planning process, before its final report.

Public inquiries in the Republic of Ireland

Brian McCracken (McCracken Tribunal)

Moriarty Tribunal

Tribunal website

Final report of the Mahon Tribunal

Irish Times: The Terrible Legacy of Corrupt Quarryvale Rezoning