(b)
That the Tribunal has uncovered no relevant evidence, after 131 days of hearings on the awarding of the GSM licence, that could cause it to report in amanner relevant to its Terms of Reference; (c)
That, as a matter of practicality, the Tribunal is unable to complete the GSMmodule and make any relevant findings of fact in the absence of Mr. Andersen; (d)
That, as regards the constitutional requirement for fair procedures, the absenceof Mr. Andersen fatally compromises the
In re Haughey
rights of Mr. Lowry giventhe manner in which Mr. Andersen has been relied upon by the Tribunal atdifferent stages of the GSM process notwithstanding that he will not now giveevidence; (e)
That there are very clear inferences to be drawn from correspondence from theSecretary General of the Government and from transcripts of recent Dáil Debatesthat the Tribunal is losing the support of both the Government and the Oireachtasfor its work and that this is a powerful consideration in favour of the submissionmade on behalf of Mr. Lowry.
THE GSM INQUIRY AND THE TERMS OF REFERENCE OF THE TRIBUNAL
5. The Terms of Reference of the Tribunal were approved by Dáil Éireann on the 11thday of September, 1997 and by Seanad Éireann on the 18th day of September,1997. An instrument establishing the Tribunal was effected on 26
th
September 1997,almost exactly eight years ago. The Terms of Reference of the Tribunal, are, inrelevant part, as follows:-
“WHEREAS a Resolution in the following terms was passed by Dáil Éireann on the 11thday of September, 1997 and by Seanad Éireann on the 18th day of September, 1997."Bearing in mind serious public concern arising from the Report of the Tribunal of Inquiry(Dunnes Payments) published on 25 August, 1997, which established that irregular payments were made to and benefits conferred on certain persons who were members of the Houses of the Oireachtas between 1 January, 1986, and 31 December, 1996.
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