A number of matters which are said to have occurred prior to the 20th June, 1985, have come to the attention of the Tribunal, and the Tribunal has been advised that evidence in relation to such matters is admissible if and in so far as it is relevant to matters which occurred subsequent to the 20th June, 1985.
However the fact that such a date is specified in paragraph A(5) of the Terms of Reference may give rise to a legal challenge which would inevitably delay the proceedings of the Tribunal in relation to such matters.
Consequently, nothwithstanding the said advice and to avoid any such legal challenge the Tribunal respectfully requests the Oireachtas to amend the Terms of Reference by the deletion of the following words :-”
……..committed on or after the 20th June 1985….”
If the Oireachtas agrees to this amendment, the amended paragraph A (5) of the Terms of Reference would read as follows:-
In the event that the Tribunal in the course of its inquiries is made aware of any acts associated with the planning process which may in its opinion amount to corruption, or which involve attempts to influence by threats or deception or inducement or otherwise to compromise the disinterested performance of public duties, it shall report on such acts and should in particular make recommendations as to the effectiveness and improvement of existing legislation governing corruption in the light of its inquiries.