Leo Varadkar (Dublin West, Fine Gael)
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Question 529: To ask the Minister for the Environment, Heritage and Local Government if, in view of the J2 list, he will introduce legislation to establish a new tribunal or appoint a special investigator to investigate those matters; and if he will make a statement on the matter. [18227/08]

John Gormley (Dublin South East, Green Party)
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Under paragraph J(2) of its amended Terms of Reference, the Tribunal of Inquiry into Certain Planning Matters and Payments was required to decide, before 1 May 2005, upon matters additional to those specified in paragraph J(1) of the Terms of Reference that would be proceeding to a public hearing, and to record that decision in writing. The Tribunal prepared a document purporting to comply with this requirement — the so-called "J2 list". In July 2007, the Supreme Court found that this document did not record a decision on additional matters that should proceed to public hearings, and that accordingly the Tribunal had no jurisdiction to proceed to such hearings under paragraph J(2). The substantive content of the document concerned is regarded by the Tribunal as confidential and, apart from the proposed module of public hearings that gave rise to the legal proceedings referred to above, matters specified therein have not been publicly disclosed.

A Tribunal of Inquiry is established by resolution of both Houses of the Oireachtas. I have no proposal for the establishment by Government of a Commission of Investigation into any matter.