Enda Kenny (Mayo, Fine Gael) | Oireachtas source

It is still on track. The commission is independent and I have no information on anything else other than that it is on track for the end of December. Regarding third party costs for the IBRC commission, in its interim report of April 2016, the commission signalled that the special liquidators had informed it that the costs incurred by them in assisting the commission are €2.786 million, comprising their costs up to 31 January 2016 of €2,333,750, exclusive of VAT, and legal costs to 15 March 2016 of €453,248, inclusive of VAT. The Department of Finance informed the commission that its external legal costs were €246,000, inclusive of VAT.

In addition to Mr. Justice Cregan, the commission's staffing complement comprises a solicitor, an assistant principal officer and a legal secretary. The commission also has sanction to engage the services of two senior counsel and five junior counsel, as required. All legal service fees are paid at rates approved by the Government. The per diemrates for a senior counsel are €788.28 and a junior counsel €394.14. It is very much reduced from what it used to be during past years. People often ask whether the €10 million in the estimate was included in the Department's Vote. There is €4.763 million in the Vote for this year, which includes provision for the IBRC and Fennelly commissions. While the IBRC commission is due to report on the Siteserv transaction by the end of the year, there is provision for the commission to be asked to investigate other modules at that stage.

It is not possible to predict accurately at this stage the level of costs which will arise or when they will arise. It is likely that the third party costs will fall for payment only after they have been considered and adjudicated on by the commission. It seems likely, therefore, that they may not arise for payment until 2018. As Deputy Howlin is aware, it is ultimately a matter for the commission. In the event that costs for the commission are above the €4.763 million and fall for payment in 2017, alternative funding will need to be identified from within my Department or from elsewhere.

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