Dáil Éireann debate -
Thursday, 19 Nov 1998

Vol. 497 No. 1

Written Answers. - Dublin Port Tunnel.

Noel Ahern

Question:

99 Mr. N. Ahern asked the Minister for the Environment and Local Government if, further to Parliamentary Question No. 185 of 4 November 1998, he will verify the contents of the last sentence as it was previously advised to Deputy Ahern that the inspector in charge of an inquiry could and normally does allow expenses to those giving evidence and that these expenses could include the cost of professional help in putting a case together and in presentation of this case [24294/98]

Minister for the Environment and Local Government (Mr. Dempsey)

Question No. 185 of 4 November 1998 was understood to relate to the provision of financial assistance in advance of a public inquiry; such assistance is not available from public funds.

Section 91 of the Local Government Act, 1946, as amended, permits the Minister for the Environment and Local Government to certify, after a local inquiry has been held, that a specified contribution shall be made by the local authority concerned towards the costs and expenses incurred by a person in relation to the inquiry. Long established precedent limits cost awards of this kind to first party objectors and on the basis of objectors being successful in some or all aspects of their case to have the scheme modified.

While the above recourse will therefore be open to participants at local inquiries, no assurances can be given in advance to parties as to the recoupment of expenses incurred in securing professional advice.