Brian Cowen (Laois-Offaly, Fianna Fail)

I propose to take Questions Nos. 4 to 10, inclusive, together.

The total cost incurred by my Department in respect of the Moriarty tribunal since 1997 up to 31 January 2009 was €34.91 million. For 2008 the figure was €4.01 million. The recently published Comptroller and Auditor General report estimates that, including third party costs, the final cost will be in the region of €100 million, although the report emphasises that this figure is subject to many caveats and contingencies.

As regards the fees paid to counsel, fees for senior counsel at the Moriarty tribunal were set in 1997 when the tribunal was established. In early 2001, tribunal senior counsel sought an increase in their fees and negotiations about an increase went on for some time. Taking all factors into account, it was considered that an increased fee was appropriate and a rate of €2,500 per day was agreed with senior counsel and notified to them by my Department by letter in June 2002.

A few weeks afterwards, in view of the setting of the fee of €2,250 per day for senior counsel at other tribunals, it was realised that the Moriarty senior counsel rate had been agreed at a higher figure. The higher figure arose from a misunderstanding between my Department and those setting the fees in the Department of Finance and the Attorney General's office. The fee for Moriarty senior counsel was reviewed again. My Department considered that, in view of the particular circumstances of the Moriarty tribunal, the fee for its senior counsel was appropriate and should remain at €2,500 and, following advice from the Attorney General, this was sanctioned by the Department of Finance on a personal basis. Tribunal senior counsel were informed by my Department by letter in August 2002 that the rate of €2,500 was an error arising from a misunderstanding between my Department and those setting fees but that, as an exceptional measure in the circumstances, the €2,500 rate notified to them in June had been sanctioned to stand on a strictly personal basis. The fee has not been increased since. As a consequence of the overall position as regards fees at the tribunal, the cost of the present full team of the Moriarty tribunal is €645 per day less than if rates paid at other tribunals were to apply.

As regards the recent Comptroller and Auditor General report about tribunals, the report made no specific recommendations in relation to the Moriarty tribunal. The main recommendations in the report cover areas that have been considered and are being provided for, as appropriate, in the Tribunals of Inquiry Bill 2005, which is currently on Committee Stage in this House.

As regards requests for files, from time to time there have been requests to my Department for files and information from various tribunals. My Department has co-operated fully with all such requests and will continue to do so in the future.

Normally, requests from tribunals are received by the Secretary General of my Department and assigned by him to the appropriate departmental officials. Appropriate replies subsequently issue when the requests have been considered and any relevant information or files have been identified.

All inquiries to my Department from tribunals and all replies by my Department to tribunals are dealt with on a highly confidential basis as required by the tribunals themselves.

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