Judge Michael Moriarty: publication of report is imminent

THE explosive final report of the Moriarty tribunal into the awarding of the second mobile phone licence will be published in the next fortnight, with the tribunal apparently resisting requests from various parties to hear further evidence on what is likely to be a key aspect of its report.

A number of parties had been urging the tribunal to hear evidence from officials in the Attorney General's office on legal advice given to the Department of Communications just prior to the awarding of the licence in 1996. That legal advice was that the licence could be legally issued to Esat Digifone.

But it is understood the tribunal – which has been running for almost 13 years – is resisting calling the officials and no further hearings are expected. It is also understood that responses to Moriarty's revised indicative findings, sent out to interested parties last month, are due to be returned by the middle of this week at the latest and its final report could now be published as early as Tuesday week.

It is widely anticipated in political and legal circles that the report will be damning about the awarding of the mobile licence – arguably the most valuable licence awarded in the history of the state – and will be highly critical of in excess of 12 civil servants involved in the process.

However, the report's findings are likely to prove contentious. It has been reported that criticism of the civil servants from the Department of Communications was contained in indicative findings sent out to interested parties over a year ago and they are expected to be repeated in the final report.

But this criticism has been strongly rejected by the civil servants who say it is not borne out in any of the evidence given to the tribunal.

Independent TD Michael Lowry, who was communications minister at the time the licence was awarded to Esat Digifone, has also said there is not a "shred of evidence since 2001 to indicate that I influenced the licence process. This is simply because it never happened."

While the publication of the report is certain to cause serious controversy, legal experts say fears that the state may be left open to legal challenges from losing consortia in the mobile competition are exaggerated. The tribunal's report, for example, would be irrelevant in any legal challenge.