I refer the Deputy to the answer to Priority Question No. 74 of 3 November, and also the Adjournment debate of 28 October, both of which dealt with the question of legal representation for the persons concerned. I have no function regarding the legal costs of persons appearing before a tribunal, and I had no prior knowledge of, or involvement in, the initiative of Mr. Justice Morris in this regard.
As regards the pre-payment or guaranteeing of one party's costs, my position has been made clear in this House on a number of occasions. The power to decide the question of costs is a powerful incentive for witnesses to co-operate fully with tribunals, apart altogether from the other potential legal consequences of non-co-operation. It has been used as such by the chairman of this tribunal when he dealt with applications for costs arising out of the first module. It is therefore a very real power and I will not take any step that could possibly impact negatively on the work of the tribunal or the chairman's ability to get to the truth of matters in Donegal. Furthermore, any payment by the State of one party's costs would immediately raise the question as to why the State should not pay the costs of other third parties, or indeed every third party. Selective payments would be open to the interpretation that the State is effectively coming to its own view, in advance of the tribunal's findings, on which are the meritorious and which the unmeritorious parties before it.
The intention of the Oireachtas, in leaving the task of deciding costs to tribunals and in providing tribunals with the power to withhold costs from non-co-operative witnesses, was to ensure the effectiveness of tribunals. It is crucial that this power should remain available to tribunals and I would be very slow to consider any changes which would blunt the effectiveness of tribunals in uncovering the truth, as would be the case if the State were effectively to guarantee the payment of legal costs in advance. I do not believe that it would be sensible for the State to dilute this power in a way. That has been my clear and consistent position on the matter, one which I have maintained in the face of High Court challenges from a number of parties to the Morris tribunal.
The forum now exists for the truth about events in Donegal to be exposed. I know the chairman and his legal team are pursuing the truth with vigour. The tribunal has already demonstrated its effectiveness in doing so, and the Government has also shown its determination to take action on the findings of the tribunal. I call on everyone involved to participate in what is transparently a fair and effective process. It must also be of relevance for parties and their legal advisors to note that costs are being settled on a modular basis. This, when added to the urgency which the tribunal is bringing to its work, means that co-operative witnesses can expect to receive their costs much more quickly than might otherwise be the case.
