Brian Cowen (Laois-Offaly, Fianna Fail)

I should make it clear that work is ongoing in the tribunal, although there are no public hearings. It relates to the statement made by Mr. Justice Michael Moriarty in his ruling on 29 September 2005. He stated:

While engaged in a fact-finding exercise I recognise that the tribunal is nevertheless bound by the principles enunciated in re: Haughey [1971] 1R 217. The procedures I have adopted to date have provided for representation for persons affected by evidence given at this inquiry or likely to be given at this inquiry. I also wish to make it clear at this stage that before reaching any conclusions on the evidence given at this inquiry I intend to enunciate a procedure whereby persons likely to be affected by any adverse findings will be given notice of conclusions, which if reached, would be adverse to them so as to enable them to make submissions in relation to those proposed conclusions. I would also envisage, so as to protect the interests of any such persons, that notice of any proposals to make any such adverse findings is given in writing and not enunciated in public, thereby protecting persons in respect of whom such conclusions might ultimately not be reached from the risk of the promulgation of any such adverse findings. I would also envisage that submissions in relation to any such proposed adverse findings would be addressed to the tribunal in writing so as once again to avoid unnecessary and potentially damaging publication. Depending on the circumstances, it may entail the recalling of certain witnesses for additional cross-examination as suggested by Mr. McGonigal.

He is currently in the middle of this procedure, putting possible findings to concerned parties and enabling them to reply. He is using his legal team to assist in the process. That the tribunal is not sitting in public does not mean work is not ongoing or legal counsel is not required.

See this speech in context