Caoimhghín Ó Caoláin
Question:177 Caoimhghín Ó Caoláin asked the Minister for Finance the measures he proposes to reduce the cost of tribunals of inquiry. [9134/04]
View answerTuesday, 23 March 2004
Questions (179)
Written answers
To the end of October 2003, the total cost to the Exchequer of completed and sitting tribunals of inquiry and other public inquiries was €138.6 million. Of this €99.4 million was in respect of legal costs and €39.2 million related to other costs. The figure for legal costs includes some €25.5 million in respect of third party legal costs awarded at three completed tribunals. This represents some 68% of the total cost of these tribunals.
In relation to tribunals and public inquiries which are sitting at present, the total cost to the end of October is €101 million, of which €68 million is in respect of legal costs. The latter only refers to the costs of the tribunal of inquiry legal teams as the issue of third party costs has not yet been adjudicated on in any instance. Given the significance of these costs in completed tribunals and inquiries there is scope for a sharp acceleration in Exchequer costs if third party legal costs follow the pattern of completed tribunals.
Given the considerable actual and potential costs arising, I am concerned as to the ongoing resultant burden on the Exchequer. At the invitation of the planning tribunal, I made a submission to the tribunal last May which argued that the liability of the Exchequer for third party legal costs should be greatly circumscribed. The tribunal has not yet adjudicated on the issue.
More generally, I have a number of proposals under consideration aimed at reducing costs. These proposals follow liaison with the Attorney General and the Minister for Justice, Equality and Law Reform. It is my intention to shortly submit the proposals to the Government for approval. I am not therefore at liberty at this juncture to go into individual detail of these proposals but, broadly, they are aimed at addressing a number of issues including the following: tightening and better focusing of the terms of reference of future tribunals with a view to minimising duration and costs; streamlining the operation of tribunals; and a review of basis of payment for legal representatives.
The Minister for Justice, Equality and Law Reform recently introduced the Committees of Investigation Bill which passed Second Stage in the Dáil on 5 March. The mechanism being provided by this Bill may be considered as providing either a precursor or an alternative to tribunals of inquiry. It is, however, also designed to address concerns such as those relating to the time and cost of public investigations. Overall, it seeks to provide a more effective and flexible way of investigating matters of public concern while balancing the issues of time, cost, fair procedures and the rights of affected parties. This measure has the potential to considerably reduce the need for full-scale tribunals of inquiry and I strongly support it.