Bertie Ahern (Dublin Central, Fianna Fail)

In July 2004 the Government decided to apply a new scale of legal fees payable in respect of any new tribunals and inquiries established on or after 1 September 2004. The effect of the scale was to reduce substantially the costs of legal representation at new tribunals and inquiries. In September of 2004, the Government decided that the new scale would also be applied to existing tribunals and inquiries as and from certain dates which were specified in respect of each tribunal and inquiry. The dates were based in each case on the expected date of conclusion of the work of each tribunal of inquiry and were agreed between the Attorney General and each of the relevant tribunals.

At the time of the two Government decisions, there was no statutory power to reduce the fees payable to lawyers in the existing tribunals and inquiries. It was envisaged that a short Act to amend the tribunals legislation would be enacted which would confer a specific power to limit the fees payable to existing tribunals and inquiries. A Bill to this end was drafted by the Office of the Attorney General prior to the publication of the Law Reform Commission report on tribunals of inquiry. It was decided to await publication of the commission's recommendations before any legislative proposal would be published. After the publication of the commission's report the earlier draft Bill was subsumed into a much larger and more comprehensive Bill to consolidate and reform all the tribunals legislation. This larger Bill will be published within the next few weeks. Therefore, there is no statutory power to reduce the fees payable to the lawyers in the various tribunals and inquiries and there will not be any such statutory power until the Tribunals of Inquiry Bill 2005 is enacted by the Houses.

The original date envisaged for the application of fees to the Moriarty tribunal was 11 January 2006. This was calculated on the basis that the tribunal's programme of work as it stood at mid-2004 would be concluded on or about that date. Due to unforeseen circumstances that have since arisen, the extensive nature of its terms of reference and ongoing inquiries and litigation by parties involved in the tribunal, the tribunal has requested that it be given an additional amount of time to complete its work. That matter was discussed with the tribunal and, given the relevant imminence of the conclusion of the tribunal's work, it is believed it is was reasonable to facilitate the continuance of work until the end of June. This represents an extension of five and a half months from the previous expected completion date. It must be borne in mind that the tribunal has been in operation for eight years and is nearing completion.

It is expected that the new tribunals legislation will be enacted before this summer. Therefore, there should be no obstacle to reducing fees payable to lawyers appearing before the Moriarty tribunal after that date in the event that the tribunal has not completed its work by then.

Deputy Ó Caoláin's last question was about the procedure for the future. This will come under the Tribunals of Inquiry Bill which is entirely different legislation. The Bill provides that much of the work will be done in private and the entire system of dealing with the tribunal will be very different from that currently in operation. It will be built around the Commissions of Investigation Act. The two forms of investigation are different models of investigation. Each will have a particular purpose depending on the wishes of the Oireachtas. The main distinction between a commission of investigation and a tribunal is that the commission will conduct its investigation in private. The other significant feature is that the witnesses will make their application for fees at the end of the investigation.

The legislation underpinning commissions of investigation is designed to provide a cost effective and speedy response where situations arise and require detailed and focused investigation. It gives the State and the Oireachtas a much more flexible investigation mechanism which focuses on taking evidence in private and may ultimately lead to the establishment of a tribunal of inquiry. It is believed it will be much quicker, speedier, less cumbersome and less costly on the State.

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