Written answers

Tuesday, 3 February 2015

Department of Environment, Community and Local Government

Tribunals of Inquiry Expenditure

Photo of Billy TimminsBilly Timmins (Wicklow, Independent)
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583. To ask the Minister for Environment, Community and Local Government if he will provide the details of the 24 orders for reduced costs for persons on foot of findings of non-co-operation made as part of a separate process subsequent to the publication of the final report of the Mahon tribunal; and if he will make a statement on the matter. [4895/15]

Photo of Alan KellyAlan Kelly (Tipperary North, Labour)
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The Tribunal of Inquiry into Certain Planning Matters and Payments (the Mahon Tribunal) was established in October 1997 and published its Final Report in March 2012. The work of the Tribunal at present is largely focused on the settlement of the remainder of third-party and court costs incurred during the work of the Tribunal.

In relation to costs applications arising from the publication of the Tribunal's Final Report in March 2012, the Tribunal has to date reduced the cost orders of twenty one parties on the basis that they have not fully co-operated with the Tribunal in its inquiries. The decision of the Tribunal Chairman to reduce costs was made in each case following the receipt of submissions on behalf of the party concerned, both in relation to the issue of their co-operation (which was ruled on by the Tribunal Members) and the percentage of the reduction to be applied in each case. I have been advised by the Mahon Tribunal that the cost reductions applied in relation to these twenty-one parties have ranged from 7½% to 70%, depending on the extent of the level of cooperation.

A further three parties are still involved in this legal costs submission making process. It is expected that a determination by all three Tribunal members will be made in each of these cases regarding the issue of cooperation over the coming weeks. Thereafter, the Tribunal Chairman will determine what, if any, reduction in costs is appropriate in each of these outstanding cases.

Similar to the practice with other previous Tribunals of Inquiry, my Department is involved in recouping the final third-party costs of witnesses to the Mahon Tribunal. This process involves the assessment of claims by legal cost accountants acting on behalf of the State prior to the submission of final claims to my Department. Reductions of costs claimed by witnesses to the Tribunal are determined in the first instance by the Chairman of the Tribunal and subsequently by legal cost accountants and my Department has no role in these matters.

None of the parties who were entitled to seek the payment of their legal costs, and who did so, have been refused their entire costs.

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