Finian McGrath (Dublin North Central, Independent)
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Question 115: To ask the Minister for Finance the reason tribunals and other public inquiries cost taxpayers €191.8 million; and if he will make a statement on the matter. [7474/05]

Brian Cowen (Laois-Offaly, Fianna Fail)
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The high cost is in part a function of the complexity and duration of some inquiries, for example, the Tribunal of Inquiry into Certain Planning Matters and Payments was established, following a resolution of Dáil Éireann, by instrument of the then Minister for the Environment and Local Government in November 1997. The cost is also driven by the structure of such inquiries and the process necessarily pursues matters which may create an entitlement to legal representation for certain witnesses. The level of remuneration payable to those members of the legal profession who are involved on the State legal teams or represent third parties is in itself a major element of the cost.

The total cost from 1990 through to end December 2004 of completed and sitting tribunals and other inquiries was €191.8 million. Of this, €138.9 million was in respect of legal costs and €52.9 million related to other costs. The figure for legal costs includes some €60.5 million in respect of those third party costs which have been awarded to date.

Three tribunals had been fully completed by 31 December 2004 to the stage where practically all third party costs had been presented, taxed and paid. These were the beef tribunal, the McCracken tribunal and the Finlay inquiry. The approximate cost of these inquiries was €37.7 million, of which State legal fees accounted for €6.2 million; third party costs were €25.5 million, representing 68% of total costs, and non-legal or administrative costs were just under €6 million. In regard to tribunals of inquiry and public inquiries still incomplete at end 2004, the cumulative cost was €154.1 million, of which €72.2 million related to State legal costs; €35 million to third party legal costs; and €46.9 million to non-legal or administrative costs.

A number of measures have already been implemented to address the costs of tribunals and other inquiries, including the enactment of the Commissions of Investigations Act 2004, which aims to facilitate the taking of evidence in private on a voluntary co-operative basis, and the Government decision to alter the fees structure for lawyers acting for newly established tribunals. The new rates will also apply to existing tribunals with effect from specific target completion dates set by the Government in the light of consultation between the Attorney General and the chairpersons of the existing tribunals.

In addition, legislation required to similarly constrain third party costs and to improve the operational efficiency of tribunals is being prepared by the Minister for Justice, Equality and Law Reform, who has general responsibility for tribunal related legislation. The rulings on third party costs at the Mahon and Morris tribunals, where those deemed to have not co-operated or who failed to assist the tribunals adequately were either refused costs or awarded reduced costs, provide a clear message for those participating in future hearings which I would expect to have a favourable impact on costs in the future.