Brian Cowen (Laois-Offaly, Fianna Fail)

Following the Government decision of July 2008, the Minister for Finance wrote to his Cabinet colleagues with responsibility for tribunals stressing that it was essential that tribunals and inquiries conclude their business as early as possible and that legal costs were managed in the interest of the taxpayer. He requested them to inform the chairs of the main features of the Government decision and asked that they seek a firm completion date from the respective chairpersons. As a result of that decision we wrote to the sole member who indicated that it was his intention to complete his work - that is to publish his report - by the end of that year. Up to December 2008 the Department was still being informed that the timetable was still on course.

While, naturally, I am not privy to the workings of the tribunal or kept informed of its investigative work, obviously a number of things have happened regarding the tribunal. The preliminary findings, which are in circulation, were subject to an injunction when some media threatened to publish them and these proceedings took a considerable amount of the time of the legal team. The chairman issued his preliminary findings in November and interested and affected parties have responded. Fresh evidence is being heard to allow people adversely affected by the provisional findings to argue against them.

The result is that while public hearings are still being held the full legal team is in place. Further hearings are taking place this month. I understand that it is likely that after that is completed the chairman would then proceed to finalise a report in the months thereafter. That is my latest understanding of how he intends to independently complete proceedings as things stand.

Regarding the overall issue of tribunals etc., we have enacted legislation. Commissions of inquiry may in future be a far more appropriate mechanism of investigation without the associated cost that have arisen with these tribunals of inquiry, where a life's work seems to be part of the outcome. Committees of this House have their roles. Where they have been able to work within the legal constraints without offending the constitutional rights of citizens, they have been able to conduct good work on various issues some of which have been suggested by Deputy Kenny. Working within all those parameters, the commissions of inquiry and the investigative powers of committees could provide a better means for the future.

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