Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

One is not yet complete and there are 27 yet to begin. The commission was established by the Oireachtas, largely on foot of demands from members of the Opposition. It is independent and is not being run or directed by the Government in any way. The time it is taking and the rising cost of the investigation demonstrate the real difficulty in carrying out inquiries into what are ultimately commercial transactions, as well as the need for the need for us to be cautious when we set up commissions of investigation. Between ten and 20 commissions are currently running and we must ensure that the threshold we set is appropriate.

On costs and the commission's approach to its work, in its fourth interim report the commission stated that it is open to discussion with the Department of the Taoiseach on how to conduct its work in the most efficient manner possible, consistent with the applicable legislative and constitutional requirements of due process, as to how the duration of its investigation might be shortened. On foot of this, my officials met the commission to discuss the matter. As I said, the commission is independent in its work. It must also be borne in mind that any changes to its terms of reference or the number of modules to be completed as part of its investigation would require both Government and Oireachtas approval.

As required under the Commissions of Investigation Act 2004, the IBRC commission's legal cost guidelines were prepared at the commission's outset by the Taoiseach as the specified Minister with the consent of the Minister for Public Expenditure and Reform and in consultation with the commission. The fourth interim report said that in its view, the guidelines are inadequate and there needed to be proper consultation between the commission and the Departments of the Taoiseach and Public Expenditure and Reform in order to establish supplemental guidelines to meet the particular needs of persons involved in the commission. The commission also stated that various witnesses have made submissions to it and are concerned that they will be out of pocket for legal expenses that they incurred in order to comply with the commission's directions and to protect their own good names and reputations. My Department met with the commission to discuss this proposal for supplemental guidelines, however it is not intended to revise the commission's legal cost guidelines. In this context, the potential cost implications for other existing or future commissions must also be considered.

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