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Order of Business (16 Oct 2007)

Bertie Ahern: I understand that legislation is being examined. I think at least three Departments are involved.

Order of Business (16 Oct 2007)

Bertie Ahern: There are problems trying to deal with all of the issues. There are issues for the Departments of Justice, Equality and Law Reform and the Environment, Heritage and Local Government, as well as others. The matter is being examined.

Order of Business (16 Oct 2007)

Bertie Ahern: I have no legislation listed. However, I suggest the Deputy table a question to the Minister.

Tribunals of Inquiry. (16 Oct 2007)

Bertie Ahern: I propose to take Questions Nos. 1 to 3, inclusive, together. The total cost incurred by my Department in respect of the Moriarty tribunal from 1997 to 30 September 2007 was €29,748,614. This includes fees paid to counsel for the tribunal and administration costs incurred since the establishment of the tribunal. The total payment made to the legal team was €23,122,989 to 30 September 2007.

Tribunals of Inquiry. (16 Oct 2007)

Bertie Ahern: A significant body of work has been completed by the Moriarty tribunal with the publication last year of the first part of its report. While I am not privy to the day-to-day arrangements of the tribunal, I understand it should be able to commence preparation of its report in a matter of weeks. It is not possible, however, to indicate when the second part of its report will be finalised. My...

Tribunals of Inquiry. (16 Oct 2007)

Bertie Ahern: There have been several cases in the past decade relating to the tribunals and it is irrelevant whether I have a view. I have not made any submissions and am not privy to the submissions that have been made so I do not know what they contain. To the best of my knowledge all the files and records relating to the Battle of the Boyne were handed over to the tribunal in 1998 or 1999.

Tribunals of Inquiry. (16 Oct 2007)

Bertie Ahern: Deputy Ó Caoláin raised a number of questions. Obviously, recommendations from all tribunals, including the Moriarty tribunal, are followed up. The Revenue Commissioners and the Department of Finance constantly examine areas of tax evasion and avoidance. They do this every year and in some years compile more detailed reports. The Deputy raised the question of tax avoidance. The Revenue...

Tribunals of Inquiry. (16 Oct 2007)

Bertie Ahern: Approximately ten tribunals have been established in recent years. Recommendations by any of them are fully dealt with. The matters of tax shelters and reliefs and tax avoidance and evasion are constantly under review by the Department of Finance and the Revenue Commissioners. I understand it is the intention of Mr. Justice Moriarty to finish as quickly as he possibly can, subject to the...

Tribunals of Inquiry. (16 Oct 2007)

Bertie Ahern: Deputy Gilmore said I commented on or criticised the fees, but I do not believe I mentioned them since I last answered questions on the matter here. I made no reference to them whatsoever and the Deputy is incorrect in that regard. The new rates have been applied in respect of a number of tribunals. The former Minister for Finance, Mr. Charlie McCreevy, had agreed with the tribunals and the...

Tribunals of Inquiry. (16 Oct 2007)

Bertie Ahern: I do not have the full list of rates for tribunals. The MacEntee tribunal which has just concluded and which was set up under the commission legislation, worked on the new rates, as did the tribunal dealing with the Buchanan case in Northern Ireland and a number of others. I do not have the current daily rates for the Moriarty tribunal, I just have——

Tribunals of Inquiry. (16 Oct 2007)

Bertie Ahern: ——the charts. I know how much is being paid to each individual per annum. I do not have the rates but I can give Deputy Gilmore the current figures. The rate is 40% of the 2005 rate. In 2005, the rate was €1,008 a day, so the Deputy can work that out.

Tribunals of Inquiry. (16 Oct 2007)

Bertie Ahern: Perhaps if I give the Deputy the ballpark figure, it will confuse him more. Frankly, I am not prepared to speculate. I have heard all types of figures. I just do not know.

Tribunals of Inquiry. (16 Oct 2007)

Bertie Ahern: The only figure I have in my Estimate is €10 million, but in the words of——

Tribunals of Inquiry. (16 Oct 2007)

Bertie Ahern: That is the figure. When that figure was published in the Book of Estimates, an individual who rang my Department said he assumed it was for him.

Freedom of Information. (16 Oct 2007)

Bertie Ahern: I propose to take Questions Nos. 4 to 6, inclusive, together. I propose to circulate in the Official Report the information requested by the Deputies on the statistics regarding freedom of information requests received in my Department. All FOI applications received in my Department are processed by statutorily designated officials in accordance with the 1997 and 2003 Acts and, in accordance...

Freedom of Information. (16 Oct 2007)

Bertie Ahern: It is done by different countries in different ways. It is not correct to say that we are expensive when compared with other jurisdictions. It is not done in exactly the same way by other jurisdictions, but on examination of the totality of what is done, there are very high fees in some countries. The extension of the Act to public bodies is an ongoing process that has been undertaken by...

Freedom of Information. (16 Oct 2007)

Bertie Ahern: The significant majority of requests to my Department, that is, approximately two thirds, or more than 60%, are from journalists. Approximately 25% are from business interests, while Oireachtas Members have submitted 5% of applications. Normally, there are refusals in respect of requests that are not appropriate or for which there is no information. Very few are security sensitive or...

Freedom of Information. (16 Oct 2007)

Bertie Ahern: While I cannot speak for other Departments, the reports of the Information Commissioner are followed up in my Department. To the best of my knowledge, they are implemented in all cases but certainly the advice is followed. The charter for dealing with the public that was discussed in the House last week sets out the regulations and the procedures to be followed in making every effort to...

Freedom of Information. (16 Oct 2007)

Bertie Ahern: The reason I do not have information on other Departments is that I am not the member of the Government designated to deal with FOI. The entire system is regulated by the Department of Finance. However, every Department, including the Department of the Taoiseach, must follow the guidelines set down in this area. In my Department, each section has designated officials, separate from the...

Freedom of Information. (16 Oct 2007)

Bertie Ahern: Over the past few years the Department has averaged around 50 cases per year and this year the number will rise again. In 2004, 2005 and 2006 there were 45, 61 and 54 cases, respectively, and this year so far there have been 55, so there are already more cases than there were last year. The final figure probably will be around 70. When the FOI system was first introduced, the Department...

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