Gerard Murphy (Cork North West, Fine Gael)

Spending on tribunals of inquiry will continue to rise this year, mainly due to a steep increase in the allocation to the Moriarty tribunal. Its allocation will increase by a staggering 182% to more than €10 million.

The Estimates for the Taoiseach's Department show that €250,000 will be allocated to the McCracken tribunal, which is investigating the Dunnes Stores payments. This allocation is merely a contingency for unclaimed legal and other fees.

The allocation to the Mahon tribunal, formerly chaired by Mr. Justice Flood, is €12 million. The cost of this tribunal, which is the longest running and most expensive one in the history of the State, has risen to in excess of €30 million. The costs include legal fees and administrative costs, but not the legal fees for parties represented at the tribunal. Two barristers employed on it have already earned more than €2 million and another barrister has earned almost €1 million. Bills totalling more than €20 million have already been submitted by witnesses who appeared during the first five years of the tribunal. Future demands for an additional €20 million are expected from parties who have not yet furnished bills.

The former Fianna Fáil Minister, Mr. Ray Burke, whom the tribunal has implicated in corrupt payments, is to take legal proceedings this year seeking paying of his legal bill of €10.5 million. Any attempt to withhold legal costs from Mr. Burke, or other figures who may have hindered the work of the tribunal, will probably be stiffly resisted.

On the positive side, the tribunal's investigation into planning corruption has resulted in significant payments to the Revenue Commissioners. Last year the Minister for Finance, Deputy McCreevy, stated that the Revenue Commissioners and the Criminal Assets Bureau had so far recovered in excess of €35 million in payments related to under payments of tax as a result of the investigations of the Flood-Mahon tribunal.

The amount of money earned by the legal profession on tribunals of inquiry is substantial. The Flood-Mahon tribunal has completed five of 20 modules, which suggests that it may last a further 15 years. To date, the Morris tribunal into Garda corruption in Donegal has cost €2.84 million and the Barr tribunal investigating the Abbeylara killing has cost €1.72 million. These are only preliminary figures and the future liability of legal costs for the latter two tribunals cannot be determined at this stage as nobody knows how long they will last.

There is a great deal of concern about the tribunal system which is costing the taxpayer a fortune without achieving much. Nobody questions the need for tribunals, but there must be a better way of doing the job. Figures released by the Department of the Taoiseach revealed that the total cost of the Barron inquiry to date, is almost €2.6 million with an additional €600,000 allocated for other costs. This inquiry did not take the form of other tribunals. Mr. Justice Barron conducted private interviews with people he believed could aid him in his inquiry. Among others, these included expert witnesses, former Government members, victims of the atrocity and eye witnesses. The cost of the investigative work and the daily rate paid to lawyers in this case appears to be less than was paid for other inquiries. The cost, however, will continue to mount. Solicitors have yet to be paid for the work on the re-opening of inquests and the work they are currently carrying out in support of parties appearing before the Oireachtas sub-committee, which I understand will report to Government shortly. Its report could recommend a tribunal of inquiry to investigate the events of 1974.

The legislation appears to do little more than put on a statutory footing investigations, such as the one carried out by Mr. Justice Barron. This is an improvement due to costs being reduced, but the possibility of a tribunal still exists, which, in essence, may only add another layer to the several existing layers and delays in the inquiry-tribunal system. We all hope the legislation will lead to more cost-effective results.

The Bill contains fundamental flaws, which the Minister should address. The purpose of inquiries is to allay public concern. In order to do this, inquiries must have complete independence. The problem with the legislation is that it sidelines the Oireachtas. It is given no role other than making the original audit for an inquiry. In every other respect, the power of the Minister is paramount. Although previous speakers have referred to this point, it is worth emphasising the extent of the power that will be given to individual Ministers if the Bill is passed without amendment in this regard.

The Minister, with the approval of the Minister for Finance, can establish a commission of investigation by order. The Minister will have overall responsibility for the workings of the commission. The terms of reference will be set by the Minister. Costs and time frames are to be determined by the Minister. The Minister can amend the terms of reference without recourse to the Oireachtas. The Minister appoints members of the commission. Reports, in final, draft and interim form must be submitted to the Minister, who publishes the report. The Government will have power to terminate a commission at any stage.

The Minister's proposed role in the legislation is a cause for concern. Raymond Bradley commented——

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