Seanad debates
Thursday, 15 May 2003
Adjournment Matter. - Morris Tribunal.
Tribunals of inquiry have the right to authorise legal representation of any person appearing to them to be interested. This is done, in particular, where a person's good name may be called into question. The Morris tribunal has, on application to it, granted representation for 67 persons or bodies, including the McBrearty family. The question of costs is determined by the Tribunals of Inquiry (Evidence) Acts 1921 to 2002 which allow a tribunal, which is of opinion that, having regard to its findings and all other relevant matters, there are sufficient reasons rendering it equitable to do so, to order whole or part of the costs of representation of a person appearing before it to be paid. A tribunal, when determining whether costs should be paid, may take into account failure to co-operate with, or provide assistance for, or knowingly giving false or misleading information to the tribunal. The reasonable legal costs of participants are, therefore, effectively guaranteed in advance provided the persons concerned co-operate with the tribunal, although actual payments are not made in advance.
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