Brian Hayes (Fine Gael)

I move amendment No. 25:

In page 19, before section 23, to insert the following new section:

23.—Within three months of the passing of this Act, the Minister in consultation with the Minister for Finance shall publish a table of the maximum level of legal fees payable by the State to barristers and solicitors engaged by witnesses or other persons appearing before or connected with a commission.".

We all hope, as per section 10, that most of this work will be heard in private, thereby reducing costs so that people will not have to cross-examine each other to prove their good name. As the Minister of State is aware, under section 10, a major power is given to witnesses who come before a commission whereby they can seek to have the commission's work heard in public in connection with their own attendance there. In view of the substantial powers given to witnesses to call the commission in public, we believe that such power could be misused. Despite the fact that we all hope that the commission's work will occur in private, we believe that much of it will end up being heard in public because if one allegation is repeated in public, presumably the person at whom the allegation is directed will want to have his or her reply in public. Although we all hope much of this will end up in the private domain allowing a speedy conclusion to be reached, because of the provisions of section 10 it may happen that much of this work will end up in the public arena, thereby ensuring that the legal eagles will have their day in the sun.

In section 23 the Minister introduced the notion of guidelines concerning the recovery of legal costs necessarily incurred by witnesses. That is a positive provision. In response to my colleague in the other House, a new section has been inserted later in the Bill in respect of tendering, which is a welcome development. People will have to tender for the work that they want to give. There is merit in the Minister of the day and the Minister for Finance publishing maximum amounts that will be given.

As the Minister of State is aware, his colleague, the Minister for Finance, at his party's conference earlier this year stated that something would be done to address the colossal fees that are now being charged by the ladies and gentlemen at the Bar who are working in the tribunals, yet some four months later nothing has been done. The Minister for Finance stated that it is his intention to move towards an annualised payment particularly if a tribunal has been sitting for over a year or two years as against the per day rate which is currently in place, but we have not seen the colour of the Minister's money in respect of that proposal. We have seen fascinating announcements, headlines and even more fascinating interviews but we have not seen action. My party is giving the Minister an opportunity to stitch into this Bill the kind of guidelines that should be published along with the other guidelines he has at his disposal, including the excellent guidelines in respect of tendering, which, in fairness to the Government, it took on board on Committee Stage. I ask the Minister to look positively on this response. This proposal will not break the bank and it is not one that will undermine the commission. If anything, it will bring greater accountability and transparency to the substantial sums of money that are being made by certain people in this country.