Limerick East): While I appreciate the concern of Deputy McEllistrim — and Deputy Foley — that must have prompted him to raise this matter, I have to remind the Deputy and the House generally that I dealt very fully with this matter when moving the Resolution to have the Tribunal of Inquiry established and in fact, in replying to the debate, I dealt specifically with questions raised in relation to the legal costs of the parties to the case — for the record, all that is to be found in column 2194 of the Official Dáil Report of the debate for 11 December 1984.
As I explained then, the tribunal has power under section 6 of the Tribunals of Inquiry (Evidence) (Amendment) Act, 1979, to direct that the costs of any person appearing before it should be paid by any other person, including the State, when, having regard to its findings and other relevant matters, it considers it equitable to do so. As I said previously, there is therefore a clear legal framework for having the question of legal costs, and who should pay them, determined and in the circumstances it would be inappropriate for me to make any comment on this question pending the completion of the inquiry and the issuing by the tribunal of any directions which it might decide to make under the power conferred on it by the statutory provision.
That is the way that the Oireachtas saw fit to deal with this matter when enacting the relevant legislation in 1979 and, whether we like it or not, that is the law and we are bound by it. My own view is that it is right in principle that the question of who should bear the costs should be decided by the tribunal and that it is right that such a decision should be taken in the light of the findings of the tribunal and on the basis of what the tribunal thinks is fair and reasonable. The judge constituting the tribunal will have heard all the witnesses and in the course of setting out his findings will have decided where the rights and wrongs of the situation lie. He is the person who will, therefore, be best placed to decide this matter.
I do not think it is right to expect the Minister or the Government, in the light of the clear provisions of the law, to say any more about this at this stage — certainly commitments cannot be given about the costs of any of the parties — and we should remember that there are other parties and that, so far, only part of the evidence has been heard.
I would also make the point that the inquiry is in progress at present and that all persons who have an interest in the issues have been allowed by the tribunal to be legally represented before it and have an equal level of legal representation. There is no question, therefore, of any party being deprived of adequate legal representation for lack of means.
The Dáil adjourned at 8.45 p.m. until 10.30 a.m. on Wednesday, 23 January 1985.