Double standards on Haughey judgement
BY NEIL FORDE
So Charles Haughey pulled off a partial victory in the 26-County
Supreme Court this week. The judges accepted his contention that
the procedures used by the Moriarty Tribunal were unfair and his
rights were infringed.
The consequences of the Haughey judgement are twofold. On the one
hand the Dublin Government is now incurring additional costs
because of the delay in the Moriarty and Flood tribunals. On the
other hand there are yet again question marks about a Dublin
government's ability to rush through legislation without
considering the civil rights consequences of such legislation.
It is impossible to dredge up any positive empathy for Haughey's
victory. He was acting solely in selfish self interest and is
only putting off the inevitable disclosure of his unique
financial dealings.
Worse still, Haughey's proving that his rights were infringed
only highlights further inequalities. It was Haughey's political
status, however tarnished, his access to resources and top level
legal representation that put him in a position to challenge the
infringement of his rights.
What about those citizens who do not have access to such
resources and representations? How will they ensure that their
rights are not being infringed, especially in the context where
successive Dublin Governments frequently rush legislation through
Leinster House without considering the civil rights implications
of such new laws?
The Moriarty and Flood Tribunals were set up on the basis that
the common good was being served. Wrongdoing would be exposed and
the world would be a bettter place as each tribunal went about
its business. Any costs such as the financial ones would be worth
it when the Tribunals published their reports.
However, it seems the failure to follow fair procedures have
shown that legal short cuts have wider implications. It shows an
attitude that pervades modern government in the 26 Counties. It
is part of the same mentality that believes the right to silence
is holding up the fight against crime, that the bail laws have to
be changed to stop repeat offences, that non-jury courts help
secure quicker convictions, that defendants should not be given
prosecution evidence.
It is the mentality that believes basic civil rights are
negotiable when in fact they are clearly not. Yes, Charles
Haughey won a hollow victory this week. But he has only put off
the inevitable. Worse still, it is the taxpayer who will have to
pick up the bill for the government's ineptitude.
The unanswered question is how many other people's rights are
being infringed but cannot take cases to the Supreme Court. The
Haughey case cost around £300,000. The costs of the Tribunals
will run to six and possibly seven figures.
It is no wonder there is such disillusionment surrounding the
Tribunals. Not only do people expect value for money - they also
expect to get real answers about how the political leaders of the
26 Counties went about their business. It is fair to say that
Haughey was only part of a much wider culture which still exists
today. There is a political class who see elections as the chance
to get voted into a lucrative position.
Meanwhile others - the poor saps who vote for these people - are
left to pick up the expensive pieces in Tribunals.
The only real winners this week were the lawyers and solicitors
who can only foresee more of these constitutional cases coming
their way. This is in itself a terrible indictment of Irish
society - where you have a society run for the benefit of the
legal classes. Haughey's assertion of his civil rights only shows
how many others cannot assert theirs.
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