Seanad debates
Tuesday, 9 December 2003
Tribunals of Inquiry (Evidence) (Amendment) Bill 2003: Second Stage.
10:45 am
Jim Walsh (Fianna Fail)
I welcome the Minister of State to the House. He referred to a point with which we all agree, that we would have welcomed even more comprehensive legislation on the legal costs of tribunals.
It is unfortunate that the general Tribunals of Inquiry (Evidence) Act must be amended. It should be acknowledged that while Mr. Justice Flood was chairman of the tribunal, and he should be commended for his work, the Government was most facilitating in answering the requests he made, sometimes overly so. The judge's pension was dealt with at a very early stage but Mr. Justice Flood found himself making representations on the remuneration of counsel attending the tribunal, a matter that was not appropriate for the chairman of a tribunal.
Costs are another serious concern. When the Minister for Justice, Equality and Law Reform was in the House previously, I said that if I had known in 1998 when we established the tribunals what I know today, I would have argued that we should look at alternative mechanisms that would be as effective but more cost effective. It behoves us to look in that direction and the Minister of State referred to other legislation that will come before the Houses to address the substantive issues involved. That is overdue and I would like it implemented as a matter of urgency.
The matters of public concern which are the subject of the many tribunals currently functioning have given rise to serious scandals in the operation of public office and public service. The importance of the work cannot be underestimated but, in many ways, the scandals are being underlined by the exorbitant fees that are being paid. Taking this matter up with some people in the legal profession recently, I was told that the major culprit in escalating fees is the State because it engages so many of the legal profession and makes concessions to them that are wholly unjustified. The Minister should note that it is an area of public concern that we cannot manage our affairs in a way that is much more in tune with the cost effectiveness that should be hallmark of any Administration.
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