Michael McDowell (Dublin South East, Progressive Democrats)

On the question of legal representation for the family, I would have expected that the family would be reassured by the prompt manner in which Mr. Justice Morris addressed the issue of costs arising out of the first module. It is clear that the chairman is well aware of the issues of the various parties with regard to their legal costs and has acted expeditiously. Costs are being dealt with on a module by module basis and are not being held over until the tribunal finally concludes its business in a number of years' time. This is clearly of significant assistance to all witnesses who have representation before the tribunal.

Other parties have secured legal representation at the tribunal and will have the payment of their costs assessed in the manner I outlined. The McBrearty family is being treated no differently from other witnesses to this or other tribunals when it comes to the issue of legal representation and the payment of legal costs.

I understand that the tribunal is making significant progress and on this basis I again encourage the family to participate fully and to co-operate with the tribunal to the greatest possible extent. I note this evening that it has been suggested that I am being obdurate. However, I am satisfied that I am correct in upholding the authority of the tribunal. I am equally satisfied that if the McBrearty family for some reason will not accept legal representation on the same basis as other parties, the tribunal will be scrupulous in protecting its interests and in establishing the truth without such participation.

The system of awarding costs in tribunals is very fair and generous and, in the case of the Morris tribunal, very prompt in discharging the costs of co-operative witnesses. There has been public controversy concerning the massive legal resources that the State makes available to co-operative witnesses. However, it would be wholly wrong for me having refused some witnesses their costs in advance and having defended these cases in the High Court now to select another set of witnesses for special treatment——

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