Brian Cowen (Laois-Offaly, Fianna Fail)

I have previously answered this question in some detail. The Comptroller and Auditor General did not refer in this report to the payment as an over-payment. The letter contained a typographical error and included a figure of €2,500 rather than €2,250, which was the fee per day in the past. I have dealt with this matter in some detail in response to previous parliamentary questions.

As I stated earlier, in fairness to the sole member and given the manner in which the legal team worked, in comparison to other tribunals with similar levels of personnel, the overall cost - we all regard tribunal costs as prohibitive anyway - was less than in other cases. That does not take away from the fact that these are costly arrangements.

On the question of the private sector solicitor, in the latter part of 2004 the sole member of the tribunal formed the view that in the context of increased pressures on the tribunal, a solicitor with experience of commercial practice and commercial litigation was required from the private sector, in addition to the tribunal's existing solicitor on secondment from the Office of the Chief State Solicitor. As the Department wished to avoid the cost of two solicitors, it was agreed with the tribunal that instead of an additional solicitor, the private sector solicitor would replace the solicitor from the Office of the Chief State Solicitor. The appointment was expected to be of limited duration because of the expectation that existed then concerning the completion of the tribunal's work. Sanction was obtained from the Department of Finance and a rate of €1,000 per diem agreed, which is also the rate paid to solicitors at the Mahon tribunal.

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