Brian Cowen (Laois-Offaly, Fianna Fail)

The Moriarty tribunal was set up in 1997. In early 2001, tribunal senior counsel sought a substantial increase in their fees and negotiations went on for some time, as I outlined in my initial reply. It was considered an increased fee was appropriate and, in due course, that was agreed. A rate of €2,500 per day was agreed with senior counsel and notified to them by the Department of the Taoiseach by letter in June 2002. The negotiations to decide whether to give an increased fee went on for 18 months.

A number of weeks later, in view of the setting of a fee of €2,250 per day for senior counsel at other tribunals, it was realised the Moriarty senior counsel rate had been agreed at a higher figure. It was an agreed figure. It was not the case that a figure was agreed and then overpayments were made. The figure of €2,500 was an agreed figure and not designated by the Comptroller and Auditor General as an overpayment. He made no recommendation in his annual report on the need, or, in his opinion, the necessity for changing that arrangement because he accepts the fee of €2,500 was agreed.

When, a number of weeks later, the fee of €2,250 per day for senior counsel in other tribunals was set, it was realised the rate set for Moriarty senior counsel had been agreed at a higher figure. The higher figure arose from a misunderstanding between my Department and those setting the fees. There was an understanding in my Department that the fee was to be €2,500 per day and an understanding from those who set the fees that it was to be €2,250 per day. My Department had notified senior counsel that the agreed rate was €2,500 per day.

In view of the particular circumstances which pertained in the Moriarty tribunal, which is doing specialised and complex work, it was considered that the fee for its senior counsel was appropriate and should remain at €2,500 per day. This decision was made following the advice of the Attorney General and was sanctioned by the Department of Finance. The issue was examined again in August when it came up again and people noted the fee was €2,250 per day in the Mahon tribunal and €2,500 per day in the Moriarty tribunal.

The issue was re-examined and the figure of €2,500 per day was confirmed as the set fee for the Moriarty tribunal in the circumstances.

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