Oireachtas Joint and Select Committees

Thursday, 16 February 2017

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach

Estimates for Public Services 2017
Vote 1 - President's Establishment (Revised)
Vote 2 - Department of the Taoiseach (Revised)
Vote 3 - Office of the Attorney General (Revised)
Vote 4 - Central Statistics Office (Revised)
Vote 5 - Office of the Director of Public Prosecutions (Revised)
Vote 6 - Office of the Chief State Solicitor (Revised)

11:10 am

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael) | Oireachtas source

I will give the context in which this is happening. The Moriarty tribunal into certain payments to politicians and related matters, established in 1997, concluded at a cost of €54.742 million. The Smithwick inquiry was a tribunal of inquiry established in 2006. That was to deal with the fatal shooting of Chief Superintendent Harry Breen and Superintendent Robert Buchanan of the Royal Ulster Constabulary in 1989. That concluded at a cost of €19.4 million. The tribunal inquiry in the Lindsay case, covering hepatitis C and HIV, concluded at €46.677 million. The Finlay tribunal of inquiry into the blood transfusion board of 1997 concluded at €4.38 million. The Mahon Tribunal to Inquire into Certain Planning Matters and Payments, passed in the Dáil and Seanad in 1997, cost €119.771 million. The Morris tribunal into the behaviour of certain gardaí in the Donegal division concluded at €68.695 million.

The extra €10 million is an increase of 122% because of the Moriarty tribunal and the expected third party legal costs incurred by the tribunal. The budget is €10 million and is considerably higher than previous years. It rises because of a number of third party claims that were expected to be paid in 2016, but did not arise in 2016 and are now due to fall for payment this year.

The Chairman asked a valid question about the difference between a commission of investigation and a full-blown inquiry under the Tribunals of Inquiry (Evidence) Act 1921. There are no controls over the costs that may occur in a full inquiry, because every witness is entitled to have full legal representation and there may well be numerous challenges along the way, taking it to the High Court or whatever else. One can have a direction on the costs that would arise for a commission of investigation, which would be far less than what applies in a full-scale inquiry.

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