EC will not take action over Pádraig Flynn's EU pensionThursday 05 April 2012 11.35
The European Commission has said it will not take action against former Fianna Fáil TD and Commissioner Pádraig Flynn unless he is found guilty in a criminal court.
The decision was confirmed in a letter to Labour MEP Nessa Childers, which has been seen by RTÉ News.
Commissioner Maros Sefcovic said that the findings of the Mahon Tribunal "do not represent the verdict of a court after due process".
However, the Commissioner said that any action taken by the Criminal Assets Bureau resulting in a prosecution "will be an important element to be taken into account", if Brussels decides to take further action.
Ms Childers has argued that the Mahon Tribunal indicates that Mr Flynn was guilty of wrongdoing that should trigger court action at EU level under EU treaty rules.
She said it should result in Mr Flynn losing his Commission pension.
In particular, Ms Childers said the rule requiring Commissioners to behave with "integrity and discretion" during and after their terms of office may have been breached by Mr Flynn.
She cited findings from the Mahon report that accuse Mr Flynn of falsely contriving documents in 1998, giving false testimony in 2004-06 and evading tax.
"Pádraig Flynn has disgraced Ireland's good name in Europe," Ms Childers said in a statement this afternoon.
"He should no longer receive his sizable pension from the European Commission.
“He was found to have taken corrupt payments before he was Commissioner, falsified documents while he was a Commissioner and made false statements to the Tribunal after he was Commissioner."
The letter from Commissioner Sefcovic acknowledged that the issue was "a matter for serious concern" and that there was "widespread anger among Irish citizens".
The Commissioner wrote that he had also received several letters and emails from Ireland about the matter.